The fear of losing your home is overwhelming. As you begin missing mortgage payments, you start to worry about foreclosure. In New Jersey, mortgage lenders must go through a judicial foreclosure process in order to acquire the property to pay the mortgage debt. New Jersey foreclosure laws have several protections for the homeowner; however, if you are missing mortgage payments, your lender will eventually begin the foreclosure process.
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Even though the judicial foreclosure process is slower than a non-judicial foreclosure, if you are missing mortgage payments, you should not delay contacting a Mount Holly bankruptcy attorney. Below is a sample timeline of the foreclosure process to give you an idea of what happens when you begin missing mortgage payments.
Foreclosure Process in New Jersey
- Collection Actions – Whether your lender begins collection actions after the first month or waits until you are past due for three months or more depends on the lender. However, if a mortgage lender wanted to take action, it could begin collections on the day after your first missed payment was due. Most lenders wait until you are past due for 30 or 60 days before they begin calling and sending letters to collect the past-due payments. Collection efforts could go on for several months depending on the lender.
- Notice of Default – When the lender sends you a certified letter, they are preparing for the judicial foreclosure process. The Notice of Default will state that you are missing mortgage payments and provide information about how you can “cure” the default. Typically, curing the default requires you to pay the past due amount, including late fees and other charges, in full. Contacting a Mount Holly bankruptcy attorney to discuss your legal options may prevent the foreclosure from progressing to the next step.
- Filing a Foreclosure Complaint – The lender can file a foreclosure complaint beginning on the 31st day after the Notice of Default. You will receive a copy of the complaint and have 35 days to respond to the allegations. When you do not respond, the court will rule in favor of the lender and order the property to be sold at a sheriff’s sale and the proceeds of the sale used to pay your mortgage.
- Sheriff’s Sale – Before your home can be sold through foreclosure sale, the bank must advertise the sheriff’s sale for four weeks in a local newspaper. If the lender fails to advertise the sale, the home will not be sold at the following sales date.
Missing Mortgage Payments and Bankruptcy
If you are missing mortgage payments and you are facing a foreclosure action, filing a Chapter 13 bankruptcy stops foreclosure. You can catch up the past due mortgage payments in your bankruptcy and keep your home. Contact our Mount Holly bankruptcy law firm for more details about how we can help saves your home from foreclosure.
Schedule a Free Consultation with an Experienced New Jersey Bankruptcy Attorney
Mount Holly Attorney Travis J. Richards and his staff are here to assist you with your financial problems. We focus our viagra online canadian pharmacy cialis canadian online pharmacy services on bankruptcy, debt consolidation and credit repair. We offer free bankruptcy consultations during normal business hours as well as on weekends and after-hours.
Call our office at 609-267-5297 or use our convenient online contact form to schedule an appointment today.
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