Legal Question in Real Estate Law in New Jersey

no notification of forclosure

This past april my fiance and i recieved a letter from a law firm representing our mortagage co. stating that forclosure procedings were begining. My fiance and i had both lost our jobs between december and febuary and we were expecting this to happen. At the time, we contacted a company which claimed to be able to work out payment arrangments when people fall behind in there mortgage.After paying them their fee i was unable to reach them again. In the contract that we signed with the company, it stated that you may not hear from them for up to three months, and not to make any mortgage payments.we desided it would be best to wait until we got further communication from the mortgage company that we were forclosed on, and then i would file for bancruptcy. unfortunately, our next notification of the situation was when we got an evitction letter from the sheriffs department, the day before we were to be evitcted. we tried filing for bancruptcy, but a judge desided we couldn't go bancrupt on something we technically didn't still own. We were given no noticfication of the sheriffs sale, and had no opportunity to delay the process. is there anything we can do?


Asked on 10/31/05, 1:27 pm

1 Answer from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: no notification of forclosure

I will assume that what you are saying is both accurate and complete.

The mortgage company must give you many, many notifications of the foreclosure. If you did not receive them, and can prove that, then you may be able to take some action here.

No advice I could give you can solve your problem. You must hire an attorney and try to undo what you are saying has already been done. I suggest you hire an attorney who litigates (goes to court) and who handles real estate and mortgages often. Please contact me if you are in northern NJ.

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Answered on 10/31/05, 3:55 pm


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