Newark Consumer Law Firm

Foreclosure Defense Attorney in Newark

Nothing is scarier or more overwhelming than the thought of losing your home. Aside from equity, your home might have extraordinary sentimental value. Furthermore, you might not be sure of where you and your family will go if you are forced to leave.

Fortunately, you do have options. No matter where you live in the United States, however, foreclosure can be an incredibly fast process, and you have a limited amount of time to implement an effective defense strategy. As such, contacting an experienced professional as soon as possible is imperative.

What Are the Stages of Foreclosure?

Depending on what state you live in, the foreclosure process may be different, however, there are typically six stages when it comes to the foreclosure process.

The 6 stages of foreclosure:

  1. Payment Default
  2. Notice of Default (NOD)
  3. Notice of Trustee’s Sale
  4. Trustee’s Sale
  5. Real Estate Owned (REO)
  6. Eviction

If a borrower has missed one mortgage payment, the lender will send a missed payment notice. When two payments are missed, they will send a demand letter. During this time, the lender may be willing to make arrangements with the borrower to get back on track with payments.

If 90 days pass without payment, the lender will send a notice of default. Usually, the lender will give the borrower another 90 days to settle the payments. If nothing is resolved, then a notice of the trustee’s sale will be recorded in the county where the property is located. The property will be available via public auction for three weeks.

At the trustee’s sale, the property will be put up for auction and will be awarded to the highest bidder. They will have immediate possession of the house, and the borrower must leave the property.

In the event that the property is not sold during the trustee’s sale, the lender will become the owner and will attempt to sell it with the help of a real estate-owned (REO) asset manager. If the property is sold, then the final step is eviction.

The borrower can actually stay in the property until it is sold. Several days are given to allow occupants to remove belongings and a local sheriff will be assigned to inspect the property and ensure that there are no occupants or items left behind. Any remaining belongings will be placed in storage and can be retrieved later for a fee.

Call a Foreclosure Defense Lawyer in Newark (862) 305-4901

Our foreclosure defense lawyer at Dublin Packard, Attorneys at Law has more than 20 years of experience helping financially distressed homeowners. Newark is not just where we work—it is our community, and we are personally and professionally committed to putting our legal skills to work for families throughout the city.

If foreclosure is on the horizon, time is of the essence. Call (862) 305-4901 or contact us online to get started on your defense strategy right away.

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Your Foreclosure Defense Options

Many people receive foreclosure notices and believe they have no choice but to leave their homes. However, your mortgage lender might not have followed proper procedures, which may invalidate the foreclosure process. You might also have various debt-relief options at your disposal.

When you bring your case to our law firm, we may help you:

  • Negotiate a loan modification. This option is best in the early stages of your financial struggle. Lenders are much more likely to modify mortgages for a homeowner who is proactive and has not yet missed a payment. With our attorney as your dedicated advocate, you may be able to negotiate a mortgage modification such as a lowered interest rate, an extension of terms, a reduction of the principal, or a forbearance. The lender might even put your delinquent payments at the end of your payment plan, thereby curing the default.
  • Raise a defense in court. Every state has a strict set of steps that mortgage lenders must follow before they can sell a person’s home and evict them from the property. Many people are surprised to learn that lenders frequently make mistakes, and our attorney’s job is to expose these mistakes and stop the foreclosure process entirely.
  • File bankruptcy. All types of bankruptcy will trigger a court order called the automatic stay, which halts all collection actions—including foreclosure. Although the automatic stay lifts at the end of the case, bankruptcy can provide long-term relief because it allows debtors to catch up on payments, negotiate with their lenders, and otherwise resolve delinquencies. Chapter 13 is typically the most effective form of bankruptcy for distressed homeowners because it provides protection for 3-5 years.

No matter which strategy you choose, time is extremely limited. This is why we urge you to get in touch with us as soon as you believe you may default on your mortgage. The sooner you involve us, the more time we will have to utilize a high-powered defense strategy that will help you keep your home.

Discuss your options during your free initial consultation by calling (862) 305-4901 or contacting us online. We offer same-day services, as well as appointments on the weekend and after regular business hours.

Real Clients. Real Reviews.

Get to know us through their experiences. 
  • “You made me feel so good again and you helped me save my home.”

    - Michelle
  • “He provided excellent advice and guidance for myself and my company.”

    - Gary
  • “I’m rebuilding my credit and in two years I should have my credit score back up to 750.”

    - Dave
  • “Then we found Todd Murphy Law...Wow! Were we glad we did.”

    - Jack
  • “With Todd Murphy's help I was able to stop the sale and save my home.”

    - Joanne
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