LoanCare Foreclosure Defense in New Jersey

LoanCare, headquartered in Virginia Beach, Virginia, is a national mortgage subservicer and part of Fidelity National Financial. A subservicer handles statements, payments, and loss mitigation on behalf of another company that owns the loan or its servicing rights, so the plaintiff in your foreclosure may be a company you have never dealt with.

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What a subservicer means for you

LoanCare's clients include banks, credit unions, independent mortgage companies, and investors. When a loan is subserviced, LoanCare is your day-to-day contact, but the modification programs available to you come from the loan's owner or insurer: Fannie Mae or Freddie Mac, FHA, VA, or a private investor. David uses a written Request for Information to identify the owner and the master servicer at the start of the case.

The federal servicing rules apply to a subservicer in the same way they apply to any other servicer. A loss mitigation application sent to LoanCare must be acknowledged within 5 business days, and a complete application received more than 37 days before a sheriff's sale must be reviewed before the sale can go forward.

How David handles a LoanCare foreclosure

Every LoanCare case starts the same way: a complete review of your loan history, every notice you received, and the servicing file we request under federal rules. That review often turns up misapplied payments, fee errors, or a defective Notice of Intention to Foreclose, and each one is leverage.

From there David opens the loss mitigation process with a complete application, requests the court's Foreclosure Mediation Program if you are an owner-occupant within 60 days of service, and files the answer and any adjournments so the sheriff's sale clock stops running while LoanCare reviews your options. If LoanCare violates servicing rules during that review, David raises it with the court.

Your rights with any mortgage servicer

Federal servicing rules under RESPA (12 C.F.R. Part 1024) apply to every servicer named on this site:

  • A servicer generally cannot make the first foreclosure filing until you are more than 120 days delinquent.
  • It must acknowledge a loss mitigation application within 5 business days and tell you what is missing.
  • It may not move for judgment or conduct a sale while a complete application received more than 37 days before the sale is under review ("dual tracking").
  • You can send a written Notice of Error or Request for Information and the servicer must respond, generally within 30 business days.
  • In New Jersey, the Fair Foreclosure Act adds a 30-day Notice of Intention to Foreclose before suit and a right to cure up to final judgment.

Where your LoanCare case will be heard

New Jersey foreclosures are filed in the Superior Court of the county where the property sits, and each county sheriff runs sales on its own schedule with its own adjournment rules. See the county guide for your home:

Servicer names are used to identify the company handling your loan. This page describes general processes and legal rights and is not affiliated with or endorsed by any servicer.

FAQ

LoanCare: common questions

The foreclosure complaint names a different company than LoanCare. Who do I deal with?

Both. The plaintiff is the party that claims the right to foreclose, and LoanCare is the company that services the loan for it. Loss mitigation applications go to the servicer, and the answer to the complaint is filed with the court within 35 days of service. David handles both tracks together.

Can I get a loan modification if LoanCare is only the subservicer?

Yes. The subservicer processes the application under the rules of the loan's owner or insurer. David identifies which program applies, such as Flex Modification or FHA loss mitigation, and submits a complete application.

Let's talk

Talk to David about your LoanCare foreclosure

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.