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- posted: Jul. 27, 2025
When you’re facing foreclosure, it might be possible to keep your home by negotiating a mortgage modification with your lender. Swift action is necessary in these situations, and a knowledgeable attorney can work on your behalf in pursuit of a favorable resolution. To avoid foreclosure, you also need a financial institution that is honestly committed to reaching a suitable compromise.
Unfortunately, there are situations where lenders communicate with homeowners regarding a potential loan modification or another alternative to foreclosure while still continuing the legal steps necessary to take the property. Known as “dual tracking,” this practice leaves homeowners feeling misled and powerless, undermining their ability to make informed decisions about their financial future. For this reason and others, dual tracking is illegal.
Along with loan modification, which involves revising the repayment terms to fit the borrower’s circumstances, there other ways to avert foreclosure, such as:
Forbearance — In some cases, homeowners need time to restore financial stability after a job loss or medical emergency. Forbearance occurs when lenders agree to pause or lower payment obligations for a set period and refrain from moving toward foreclosure. However, this money must be paid back once the specified timeframe ends.
Short sale — As opposed to a financial institution seizing a home and selling it later, a short sale gives borrowers the chance to sell the property on their own at a price lower than what is owed on the mortgage. This might benefit the owner by helping them avoid the negative credit effects of the foreclosure, and in some cases, lenders agree to waive the difference.
Deed in lieu of foreclosure — Instead of selling the home or going through the foreclosure process, it is in some people’s best interests simply to transfer title to their lender.
Lenders must adhere to specific rules and timelines before taking foreclosure actions, including the law against dual tracking. This is designed to ensure that borrowers have a fair chance to explore and pursue resolution options. It might be difficult for a homeowner under severe financial stress to detect if their financial institution is engaging in improper activity behind their back. This is why hiring a proven foreclosure protection attorney can be so beneficial.
The Law Offices of James C. Zimmermann advocates for North Jersey homeowners facing foreclosure. Please call 973-764-1633 or contact us online for a free consultation to discuss your situation and options. Our five North Jersey offices are in Vernon, Wayne, Pompton Lakes, Hackensack and Nutley.
