Friday, 28 October 2011

New Jersey Foreclosure Attorney And Foreclosure Proceedings

By Frank Edwards


A New Jersey foreclosure attorney should be conferred with when a homeowner faces foreclosure legalities. Foreclosure is a legal proceeding enabled by the Foreclosure Laws of the Federal Government of the U.S. to protect the rights of the mortgage company in getting back the outstanding loan amount in case there is default of repayment.

The homeowner will have a certain amount of time before a sale occurs, known as the pre-foreclosure period, in which to pay off their default debt. This will allow them to reinstate their loan and maintain control of their property. The homeowner may also find a buyer for their property during the pre-foreclosure period. This allows them to pay off their debt and avoid having a credit-ruining foreclosure on their record. If the pre-foreclosure period goes by uneventfully, the home can be sold at a public auction scheduled in advance. The lender may be able to take control of the property and sell it themselves in order to recover their losses. This usually occurs when a lender works out a deal with the homeowner after the initial foreclosure, if the property does not get a high enough bid at auction, or if the lender themselves bids at the auction.

The foreclosure process involves the lender filing suit against the mortgage holder and the borrower is required to appear in court to respond to the suit. These court appearances should be managed carefully, and legal representation is critical at this point. If the borrower fails to appear at the court hearing, the court can rule against the borrower, and the foreclosure sale will move ahead. If the borrower appears, documentation can be submitted by the foreclosure defense lawyer that could help to avoid the foreclosure sale of property. The foreclosure proceedings leading up to the court could take as long as 7-9 months. Before initiating the foreclosure process, the bank or other lender could send a warning of impending foreclosure to the borrower, but this is not required under state law.

Locating a good foreclosure attorney is important for homeowners in New Jersey. A word-of-mouth referral can be a good way to go but every case is different and people have different needs. The homeowner should feel comfortable working with his chosen foreclosure lawyer. He should be able to talk to him freely and communicate his needs to the foreclosure lawyer. Having good communication with the attorney can result to a smooth sailing course of a foreclosure case.

The homeowner should consult with friends, colleagues, judges, other lawyers if they could recommend an excellent New Jersey foreclosure attorney. The Internet also can be a valuable resource. The homeowner should check with previous clients. A property owner should check if the foreclosure attorney is in good standing, that is whether he hasn't received any disciplinary action against him. The homeowner should ask the lawyer if he has a trial case with regards to foreclosure. To make sure that the attorney is a graduate of an accredited law school, the homeowner can check with the American Bar Association.




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