Legal Question in Real Estate Law in New Jersey

My parents are in the process of losing their home which they have had for over 20 years. My mother is a nurse, and has been doing double shifts for God knows how long, just to cover the mortgage payments. And since my father lost a good job many years ago, its basically my mother who is the bread-winner. My father works as a real estate agent, and well I don't have to tell you how business has been the past few years. They were behind on mortgage payments for about 3 months, and are currently now behind 3 years because the mortgage company, Wells Fargo, refused to accept their payments and kept sending them back. Of course, it looks like as if they were unable to make the payments when in fact they weren't, because they have the funds available to make payments. In any case, fast forward to now, Wells Fargo has been taken over by Bank of America, and just yesterday my parents went to court to show proof that they have enough income and that they are willing to make the payments. The Housing Dept, my parents lawyer, the lawyer for the mortgage company and a mediator were all present. My parents had everything in order, but the lawyer kept denying he has no idea what's going on, apparently Wells Fargo didn't give them anything as far as my parents account, and we are assuming they wanted to "stall" the process so as to proceed with the sheriff's sale regardless of what happens, which was supposed to be conducted in May. But in behest to my parents request, as they had all their documents in order, the court postponed the court date until July14th, which means that the sheriff's sale was also pushed back. MY question is, what is this lawyer up to, in fact, what is the mortgage company up to, can they do anything at this time to hurt my parents case? What can they do or the lawyer do at this time to save their home?


Asked on 4/30/10, 9:52 am

1 Answer from Attorneys
Amy Klauber Klauber & Klauber, LLP

If they have everything in order, they will hopefully be able to show this to the court or somehow settle the case for them. If you would like to discuss this matter further, please contact my office at 732-663-1500.

Best of luck.

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Answered on 5/05/10, 5:42 pm


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