Fighting Your Lender In A Foreclosure Litigation Forum

16 Jun Fighting Your Lender In A Foreclosure Litigation Forum

I am often faced with the dilemma of clients who have been served with a foreclosure complaint by their lender – months ago!  Although the tendency to “bury your head in the sand” and hope the problem goes away may be understandable, such delay may be fatal to defending yourself in the foreclosure litigation.  But all hope is not lost.  In New Jersey, you may be able to open a default (or even a final judgment by default) provided you have a valid excuse to the court for the delay and a valid defense to the litigation action.

Fortunately, however, if your time to interpose an answer to the foreclosure action has not yet expired, your first order of business is to contact an attorney to discuss your matter and obtain legal representation.  An attorney will be able to prepare and serve an answer on your behalf and raise various affirmative defenses and/or counterclaims against the lender for their actions during and before the foreclosure process, or even for improper actions in approving and issuing the loan in the first place.

At Schillberglaw, we have been successful in not only stopping the foreclosure process and allowing the default (or final judgment) to be opened so as to interpose an answer and raise such valid defenses and counterclaims as a way to stop the foreclosure process, but those actions have been a vital tool in compelling the lender to review and modify the loan to a more affordable payment plan and save the home.

In the future in this blog, we will discuss these various defenses and counterclaims available to protect your rights and discover how they might help YOU save YOUR HOME.

Don’t just sit there; fight the good fight!

This blog post is not considered to be legal advice, and is intended for educational purposes only.  For more information regarding any of the foregoing issues discussed above, please contact Robert F. Schillberg, Jr. ([email protected]).