Aggressive Defense to Home Foreclosure in Hackensack
Skilled and experienced attorney fights to protect your Bergen County home
Buying a home in Bergen County is an achievement to be proud of, possible only through relentless, hard work. Unfortunately, after an unexpected stretch of economic misery, the peace of mind you felt when you bought your home may have turned to constant anxiety, especially if you’re facing imminent foreclosure. If you’re determined to fight for your home, the Law Offices of James C. Zimmermann can help. We take an aggressive approach to foreclosure defense. Drawing on 25 years of experience, we thoroughly investigate the facts of your case to challenge your lender’s actions. Depending on your circumstances, we can pursue creative solutions to help you keep your home or otherwise improve your financial outlook.
Hackensack lawyer draws on proven strategies to deliver positive results
Even when a borrower falls behind in mortgage payments, he or she still has due process rights, which the lender cannot violate. Circumstances that give you a solid defense against foreclosure include these:
- Your lender violated required foreclosure procedures.
- The entity foreclosing on you can’t prove it owns your mortgage.
- Your loan servicer made a serious error with your account.
- The Servicemembers Civil Relief Act (SCRA) protects you.
- The terms of your mortgage are so one-sided as to be “unconscionable.”
A strong defense to foreclosure can also put you on the offensive. Your lender gets the message that you intend to stay in your home and is often willing to consider alternative resolutions, such as a refinance of your mortgage or loan forbearance — if there’s evidence your finances will rebound shortly, your lender may agree to let you miss a few payments without filing a foreclosure.
Even if you don’t have a legal basis to stop the foreclosure, we can usually improve your outcome in several other ways, such as:
- Mortgage modification — Laws that Congress enacted in response to the housing crisis allow homeowners to apply for a mortgage modification if their home value is below the amount outstanding on the loan.
- Short sale — If the market for your home has fallen substantially, we can help you negotiate with the bank to sell your home for less than you owe. While this doesn’t save your home, it does relieve you from your loan obligations and spares the bank the time and expense of dealing with foreclosure.
- Deeds in lieu of foreclosure — In foreclosure, you can lose your home and still be responsible for the bank’s losses. This swap allows you to surrender your deed and be released from your obligations under the mortgage.
- Chapter 13 bankruptcy — A homeowner can often file a Chapter 13 debt reorganization and, under a court-approved payment plan, continue to make mortgage payments while paying much less for other obligations. The repayment period lasts three or five years, followed by the bankruptcy court discharging your remaining qualifying debt.
For more brief answers to common foreclosure questions, see our foreclosure FAQ page. For detailed answers and personalized legal service, take advantage of a free consultation in our Hackensack office, where we’ll be happy to address all your concerns.
Get trustworthy bankruptcy assistance with a personal touch in Hackensack, NJ
If you’re worried that crushing debt will lead to foreclosure, let the Law Offices of James C. Zimmermann help you defend your home. To schedule a free consultation, call us at 973-764-1633 or contact us online. Our Hackensack office is conveniently located at the corner of Sussex and Main, across from the Bergen County Courthouse.