I claimed bankruptcy about 5 years ago and included the house. My husband & I divorced and both moved out. After a couple of years I lost my job and then became disabled. I am on welfare and moved back into the house otherwise I would be homeless. I have absolutely no assets and no income. I'm awaiting a decision for social security disability. I now received a letter that foreclosure procedures will be starting. My daughter & I will be homeless and need some time before I can move anywhere. My boyfriend will be able to help in 9-12 months when he receives a workman's comp case. How can I delay the foreclosure?
Waymon's answer is correct. Without the rest of the facts, there is too much left to our imagination. When did you default on the mortgage (when was your last payment)? Did they start the foreclosure action (actually Complaint and Service of Summons) or just threaten to do so?
Since you filed BK 5 years ago, a further delay using bankruptcy may be out of the option category. Their may be options in the foreclosure action, but you MUST get an attorney to have any chance of delaying the action for the desired period of time.
Veitengruber Law offers free consultations. Call the office at 732-695-3303 ext 103 and we will be happy to set up a meeting.
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You left out some operative facts in your question. Did you file a Chapter 7 case five years ago? If so, did you reaffirm the house note, or did you surrender the house? You cannot get bankruptcy relief under Chapter 7, and you have no income available for a Chapter 13, so a bankruptcy case is out. Since New Jersey is a judicial foreclosure state, the lender must send you a 30 day notice of intent to foreclose, and then must file suit to start the foreclosure process. I would not answer the foreclosure suit, because honestly, you have no legitimate defenses to raise against the lender. The lender will take a default judgment, and then the home can be sold at a sheriff's sale. Only after the sheriff's sale is completed, does legal title to the home transfer to either the lender, or to a third party buyer. This title transfer process takes ten days to complete. After the title to the home is transferred, the lender or the buyer of the home will send you a demand to vacate the property. If you do not vacate the property, you will be treated as a tenant holding over on a lease, and an eviction will be filed in court to get you out of the property. All told, this process is going to take around 250 to 270 days to complete, a much longer period as in states that do not have judicial foreclosure laws. That is the best case scenario for you at present.
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