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Why was my foreclosure cancelled?

Fort Lee, NJ |
Filed under: Real estate

We have been in foreclosure since 2008. I have managed to get the sale cancelled many times, usually to be reassigned a month or 2 later.This time, after exausting the ss option and loan mod, we thought about bk. However when I called Bank attorney I was told the foreclosure cancelled and no new date " in the near future". I asked why he said the plantiff cancelled due to the recent hurricane.. Ok that makes no sense.( I work in real estate for many years) I need to know how to proceed.. I checked the title report and there is no record of plantiff receiving assignment,, there is on the lis pendens filing, just not to anyone else. This is suspect given recent news on the Bank of America keeping posession of the actual note, a violation of ny/nj law regarding transfers and assignments

Attorney Answers 2


Congrats on getting the sale cancelled many times! I can't tell from your post if you are looking to save the property or just delay the foreclosure. Either way, since you don't have a date certain for an upcoming sale date (and you haven't been served with a notice) then you will receive notice before any date is set. (Sounds basic enough, but at least you know you have some time to file BK if that's what you elect to do...)

BEFORE the property goes to sale, you really have to open up judgment for any of your "assignment/record-owner" defenses to matter. At this point, judgment is entered, which means they have (technically) already "won" their case. Once a bank/lender has judgment, it uses the judgment to set up a sheriff sale to transfer legal title of the house from you to the bank (via: a Sheriff's Deed).

AFTER the sheriff's sale, if you feel that you have substantive defenses, you may consider attacking the validity of the sale by filing a motion to set aside. Use the arguments relating to Plaintiff's ownership & assignment. If you are not properly served with the Sheriff's Sale notice, use that as another defense.

You should consider consulting with a knowledgeable attorney regarding your situation; if not for representation, then at least to have someone help you understand what each document means and how you can prepare for the next few months.

Best of luck to you,

Louis A. Simoni, Esquire
Simoni Law Office, LLC

Disclaimer: This is not legal advice. This does not form an attorney-client relationship.

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What about a motion to vacate the judgement of foreclosure and sale? The plantiff is not recorded as being the owner of the note. How are we to know who the noteholder is, other than the lis pendens?


Many banks have a moratorium on foreclsoures. In NJ there is a special master reviewing the foreclosure practices of many banks and law firms. Once the special master clears the bank to foreclose they will move forward.

This has to do with the robo-signing and mortgage securitization mess. You will not find the assignments of the Note in the records of the local Clerk.

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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