Foreclosure Litigation Attorney in New Jersey

Lenders make mistakes. When the paperwork, the notices, or the servicing history do not hold up, those defects can stop a foreclosure or create the leverage that produces a better settlement.

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Common defenses

Every case turns on its own documents, but the defenses that most often succeed include:

  • Failure to send required notices, or sending them to the wrong address
  • Standing: the foreclosing party cannot prove it owns the note
  • Dual tracking: proceeding to sale while a complete modification application is pending
  • Misapplied payments, improper fees, or escrow errors that inflated the default
  • Violations of federal servicing rules under RESPA and TILA
  • Fair Foreclosure Act violations: a defective or missing Notice of Intention to Foreclose, or failure to send the 14-day notice before seeking final judgment
  • Failure to give proper notice of the right to mediation or of sheriff's sale adjournments

What litigation accomplishes

The goal is rarely to win a permanent free house; it is to stop the clock, force the lender to the table, and reach an outcome (modification, short sale, or settlement) that would not have been offered otherwise. Litigation is a tool, and David is candid about when it is worth using.

Costs and honesty

Litigation is more expensive than a negotiated resolution and David will tell you up front what it is likely to cost and what it is likely to achieve. If the facts do not support a defense, he will say so.

FAQ

Foreclosure Litigation: common questions

Can a lawsuit stop a scheduled sale?

It can, through a temporary restraining order or injunction when the facts support it. Timing and documentation are critical.

What if I was never served?

Improper service can be a complete defense to a judicial foreclosure judgment and may support vacating a sale. Bring every document you have to the consultation.

Let's talk

Talk to David about foreclosure litigation

Tell David what you're facing. You'll leave the conversation knowing your options, with no pressure and no obligation. Calls returned within one business day.