Posts Tagged New Jersey Bankruptcy

NJ Foreclosure Defense


The following article was written by Theodore Sliwinski, Esq. and can  be found on New-Jersey-Lawyers.com

BASIC FORECLOSURE FAQ’S

1. What is a foreclosure case?

Foreclosure is the legal process where a court orders the sale of a home when the homeowner doesn’t pay the mortgage. Right now thousands of New Jersey homeowners are having tremendous difficulty making their mortgage payments. It is important for you to know that the lender can’t take your house automatically if you have missed mortgage payments. The lender must take you to court where you have several options to try to save your home. It is important for you to be aware that in many cases a mortgage foreclosure can be prevented. Don’t give up hope if the bank has filed for foreclosure. You can file for bankruptcy, pursue a loan modification, or participate in the foreclosure mediation program.

2. How are mortgage liens treated in New Jersey?

A mortgage is simply an agreement wherein a lender uses a house as collateral for a debt. If a homeowner does not pay his mortgage, then a lender can try to force the sale of the home so that it can be sold to satisfy the debt. After a homeowner signs a mortgage, the original mortgage is then recorded with the County Clerk in the county wherein the house is located.

3. What is a note?

When you sign your mortgage, you also sign a document called a note. The mortgage note is just like an IOU. The note spells out the amount of money you have borrowed and the terms for repayment, such as the interest rate and length of the loan. A loan default occurs when a borrower fails to do what the mortgage note requires. For example, a homeowner who misses a mortgage payment is in default. It is important to identify and understand the terms of your mortgage note. The principal is the total loan amount borrowed and it is the face value of the note. The interest rate is the amount that a borrower pays the lender for the use of the money, expressed as a percentage.

4. How are mortgages foreclosed upon in New Jersey?

In New Jersey the bank must file a foreclosure case with the court. Once the bank obtains a foreclosure judgment then the property will eventually be sold at a public sheriff sale. The court that has jurisdiction over a foreclosure is the Superior Court of New Jersey, Civil Division, General Equity. During the foreclosure process the bank must also file a legal form called a lis pendens. A lis pendens is a recorded document that provides to the public notice that the property is being foreclosed upon. Therefore, the homeowner can’t sell the home to avoid the foreclosure if a lis pendens if filed. The foreclosure unit of the Superior Court handles all foreclosures.

5. What are the legal documents used to effectuate a New Jersey mortgage? …..click here to finish this article

For more information about  NJ Bankruptcy Law or to find a New Jersey Bankruptcy Lawyer. Additional lists of NJ Law firms can be found here.

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Top Twelve Reasons Why People File for Bankruptcy


The following article was written by Theodore Sliwinski, Esq. and can  be found on New-Jersey-Lawyers.com

1. Eliminate the Legal Obligation to Pay Most of Your Debts.

This process of wiping the slate clean is called the discharge of your debts. The goal of a bankruptcy discharge is to wipe out your debts to give you a fresh start. Whether it is through a straight bankruptcy that is called a Chapter 7, or through a reorganization that is called a Chapter 13, most or all of your debts can be wiped out for good.

2. Stop the Foreclosure on Your House and Allow You to Effectively Make Payments to Catch up on Missed Payments of Your Mortgage.

If your home is in a foreclosure, then a Chapter 13  will stop it if is filed before the sheriff’s sale. However, a bankruptcy does not eliminate your mortgages that are filed on your home. Instead, a bankruptcy will structure a repayment plan to enable you to repay your mortgage arrears over a five year period. Your mortgage arrears are the amount that you are behind on your mortgage.

3. Prevent Your Car or Other Property From Being Repossessed.

Even if the repo man has snatched your car, the filing of a bankruptcy can help  you to save your car.  However, your bankruptcy must be filed before the car is sold at the auction. The past payments you have missed will be consolidated into your Chapter 13 plan. After you file, you will no longer pay the bank or the finance company, instead  you will make your monthly payments to the bankruptcy trustee. The bankruptcy trustee will then pay the finance company your missed payments over a three to five year period.

4. Reduce or Even Wipe Out High Medical Bills.

Sometimes an unfortunate accident or a major illness can totally emotionally destroy a family. Moreover, their financial health can also be wrecked as well. Many families have to make difficult choices on what bills to pay. Many New Jersey-ites rack up tens of thousands of dollars of medical bills if they become sick, or if their kids get sick. If you file for a chapter 7 then this legal process can wipe out your outrageous medical bills that simply won’t go away.

5. Recent Loss of a Job. …..click here to finish this article

For more information about  NJ Bankruptcy Law or to find a New Jersey Bankruptcy Lawyer. Additional lists of NJ Law firms can be found here.

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Bank Account Seizures


The following article was written by Theodore Sliwinski, Esq. and can can be found on New-Jersey-Lawyers.com

Are you worried that someone who has a judgment against you will go after your bank account? Many of my clients are petrified and live in constant fear that their hard earned savings will be zapped by a creditor if they leave it in their bank account. However, there are strict rules that must be followed for anyone trying to seize a bank account. Moreover, many distressed debtors have numerous asset protection strategies that they can use to protect their last remaining dollars.

To begin with, any debt collector(s) must have a court judgment against you before he or she can get at your bank account. In a perfect world, the best course of action is to try to negotiate a reasonable payment plan instead of letting someone obtain a judgment against you. However, if you do end up with a court judgment against you, then you consider moving funds from your bank account.

Another move might be to open up a bank account in another state. It is important to emphasize that the out of state bank must not have any branches in New Jersey. A New Jersey writ of execution or a bank levy is only valid only in the Garden State and not in New York or Pennsylvania. However, if you decide to keep your accounts in an out of state bank, then this bank must not have any branches in New Jersey. If an out of state bank does have branches in New Jersey, then this type of asset protection planning will not work……click here to finish this article

To read other NJ Bankruptcy Law or to find a New Jersey Bankruptcy Lawyer.  Additional lists of NJ Law firms can be found here.

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