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Fighting a Foreclosure

Rahway, NJ |

Does it make sense to fight a foreclosure? Been told it buys you extra time. What happened with all that robo-signing that was done a few yeras back?

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Attorney answers 3


You should know "Fighting a foreclosure" can also practically mean negotiating with the bank on e.g. modification of the loan, short sale or deed-in-lieu. A true fight with the bank would be a claim of e.g. predatory lending at the origination of the loan, or perhaps at a later refinancing. Those true fights can be costly and time-consuming. Since the credit crisis of 2008, it has become easier [DO NOT read "easy"] to negotiate with lenders/services to restructure the loan. Negotiating is also time-consuming. There is a process where banks can sometimes get around the robo-signing issue though standing to sue on the mortgage should always be brought up and raised as an Affirmative Defense.


As to your second question, the New Jersey Supreme Court imposed a requirement on lenders' attorneys to file something called a Certification of Diligent Inquiry in order to try to combat robo-signing.


I agree with my colleagues. You should always fight a foreclosure. I recommend that you retain the services of an attorney, who is experienced in both mortgage foreclosure defense and bankruptcy. You should retain counsel right away.

Leonard R. Boyer, Esq. 201-.675-.5577. If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.