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June 22, 2016 by Todd Murphy

10 Things You Should Do If You’ve Been Served With Foreclosure Papers

10 things to do served foreclosure papers lawyer new jersey loan modificationTop 10 Things You Should Do Right Now If You Just Got Foreclosure Papers

 

The Court Says I Must File An Answer Within 35 Days…

If you’ve just received foreclosure papers, you have 35 days to take immediate action, and we are here to help you.

It’s Easier To File An Answer With The Help Of A Lawyer

The court requires that you file an answer to the foreclosure complaint within 35 days if: you are the borrower and you believe that your lender is unjustly foreclosing upon your property. In your answer to the court, you must provide your defense as to why your property should not be foreclosed on, and explain why your lender should not be foreclosing on your home (with supporting documents and proof of your argument).

Understand How You Should File, And What To Do Next

There are two different ways to answer the complaint, contesting or non-contesting. The first thing you should do is find a lawyer to help you determine how to file an answer, and then help you through the foreclosure process.

Here is a quick list of what you should do once you are served with a Summons and Complaint

 

1.  Take note of the date that you received the summons and complaint, whether in the mail or from the sheriff.

2. Add 35 days to the date noted above: this is the date that your answer must be filed by.

3. Find an experienced foreclosure lawyer to help you. Get the best professional help that you can afford.

4. Avoid Scams! Before hiring your lawyer, make sure that they are well-qualified to help you. Do they practice in the state of New Jersey? How much experience do they have in foreclosure law? Do they have a focus in foreclosure law? Are they an out-of-state scam service? Are they just trying to get you into a bankruptcy? – (bankruptcy is not your only option)

5. Discuss with your lawyer whether you will file a contesting or non-contesting answer to your foreclosure complaint.

6. After filing, make a realistic assessment of how you will save your home from foreclosure.

7. Determine if you qualify for a loan modification. A loan modification solves the issue of foreclosure 100% of the time – if you qualify.

8. If you don’t qualify for a loan modification, find out what changes you can make so you qualify; normally it boils down to increasing your income.

9. Learn the tips and tricks to preparing an approvable loan modification application. It can be easy to fail if you don’t know about the process and what your bank is looking for in your application.

10. Educate yourself about all of the options, techniques, and strategies for saving your home from foreclosure. 

 

Conclusion

It is crucial to educate yourself about the overall process of foreclosure, and find out all of your options. Additionally, the foreclosure process can be tricky to navigate by yourself. Find someone who is well-qualified to help you throughout the process and help you save your home from foreclosure. Your lender understands the importance of having legal defense, and will have a lawyer; it is also in your best interest to obtain one.

 

Learn Everything You Need To Know About Foreclosure

In Your FREE SmartGuide: Surviving Foreclosure, you will get:

    • Answers To Your Most Pressing Questions (When Will I Get Kicked Out Of My Home? How Can I Save My Home? …and many more!)
    • Ways To Save Your Home From Foreclosure
    • Secrets Hints To Saving Your Home That Your Lender Won’t Tell You
    • An Invitation To An Exclusive Webinar, How To Save Your Home From Foreclosure
    • Find MY Solution Worksheet- to help determine the best way to save your home

Click Here To Get My SmartGuide To Surviving Foreclosure

Filed Under: Foreclosure, Home Loan Modification Tagged With: bankruptcy, foreclosure, foreclosure papers, lawyer, loan modification, New Jersey

June 22, 2016 by Todd Murphy

What If I Don’t Qualify For A Chapter 13 Bankruptcy But Still Want to Save My Home?

don't qualify for a chapter 13 bankruptcy but still want to save your home lawyer new jersey foreclosure loan modification Don’t Qualify For A Chapter 13 Bankruptcy But Still Want To Save Your home From Foreclosure? There is still hope.

It is possible that you tried and failed to get a loan mod, and then also discovered that a chapter 13 bankruptcy was not a good option for you. But, there may still be one more option left if you want to save your home from foreclosure.

The main factor that would hold you back from being eligible for a chapter 13 bankruptcy is having too much consumer debt. Certain qualifiers stipulate the amounts of secured and unsecured debt that you’d have to pay if you want to enter into a chapter 13 bankruptcy. If you have too much unsecured debt, i.e. medical debts, payday loans, credit card debts, then you may still be able to get a chapter 13 bankruptcy, and here’s how…

First You File For A Chapter 7 Bankruptcy, Then You File For A Chapter 13 Bankruptcy

This tactic is called the “chapter 20 bankruptcy”. By filing for a chapter 7 bankruptcy first, you can eliminate 100% of your unsecured debts, which were holding you back from making a chapter 13 bankruptcy work for you.

To learn more about when a chapter 7 bankruptcy is used, read our post: When Is A Chapter 7 Bankruptcy Useful?

Once the chapter 7 case is completed, you can file for a chapter 13 bankruptcy which will then allow you to catch up on missed mortgage payments through a repayment plan.

This repayment plan will take place over a 60 month period during which you will make 60 equal payments to pay back all of your arrears (missed payments). While paying back your missed payments, you are also paying your normal monthly mortgage payments.

Once your in a chapter 13 bankruptcy plan, you may also then be eligible for a loan modification to reduce your monthly payments. A loan modification could lower your interest rate and adjust your term.

To learn about how a chapter 13 bankruptcy could save your home, read our post, How Does Bankruptcy Help Save My Home In Foreclosure In New Jersey?

All Of Your Problems Solved With A Chapter 20 Bankruptcy

So… you started out not qualifying for a loan modification, nor a chapter 13 bankruptcy, but by doing a chapter 20 bankruptcy, you have solved all of your debt problems and saved your home!

Filed Under: Bankruptcy as an Option, Foreclosure, Home Loan Modification Tagged With: chapter 13 bankruptcy, chapter 20 bankruptcy, chapter 7 bankruptcy, foreclosure, lawyer, loan modification, New Jersey

June 22, 2016 by Todd Murphy

I’m Falling Behind On My Mortgage Payments, Are There Ways To Fix The Problem?

I'm falling behind on my mortgage payments new jersey lawyer loan modification“I’m Falling Behind On Mortgage Payments, Are There Ways To Fix The Problem?” First – You’re Not Alone, AND Yes, There Are Ways To Fix The Problem

Thousands of people struggle to make their mortgage payments, especially after significant life changes, like loss of employment, death in the family, changes in income, and other factors that are out of our control. But, if you have just begun  falling behind on your mortgage payments, you can still take control, and you have a number of options and strategies available to remedy the problem.

Before Considering Any Of These Options, You Need Income

If you are just beginning to look into ways to fix your mortgage problems, first and foremost – before you can put a strategy into place –  you must have a form of income, or you need to find one.

These Are The Options That Can Help You

  1. Home Loan Modification

    Home loan modification is usually the best option for those who need a reduction in their monthly mortgage payments; it is the most popular solution. In a loan modification, we look at the principal balance of the loan, and the total of the missed payments. These numbers are added together to establish a new principal balance for the loan. Then, using a new interest rate of around 4%, and a new term of 30-40 years, a new monthly payment is calculated. If you have enough income to support that monthly payment, your problem is solved.

    To learn more about loan modification, read our post: Why Is Loan Modification The Best Tool?

  2. Refinance

    Refinancing could be a good option for you if you have a difference in the amount owed on the home and the value of your home, also termed equity. Refinancing could allow you to get a new mortgage and reduce your interest rate. However, this is usually only an option if you have not missed payments yet, only if you are just beginning to realize that your mortgage payments are too high to manage, but you’re still current on payments.

  3. Temporary Interest Rate Reduction

    A temporary interest rate reduction could be appropriate for you if your income has recently been reduced, but there is a foreseeable increase again in the near future; it will reduce your monthly mortgage payments for a short period of time. For example, it could be appropriate if you have taken a temporary leave of absence from work, or your hours have recently been cut, but they will return to normal soon. A temporary interest rate reduction is only a short term fix to the problem, and the issue must be addressed at a larger scale if your decrease in income is not short term.

  4. Forbearance

    Forbearance results in a temporary reduction or suspension of mortgage payments. It could be the answer to your mortgage payment problems if the problem is temporary and has an end in sight. For example, forbearance could be an appropriate solution if you had to take a medical leave of absence from work, you have experienced a death in the family of someone who contributed to the household, natural disaster has affected your living arrangements – like a flood or hurricane, or another issue that has affected your home short-term. Before entering into a forbearance agreement, it is crucial that you’re assured you will have income in the near future, enough to repay the payments you had missed during the forbearance period.

  5. Temporary Indulgence

    This could be a viable option if reduction in income will be solved within the period of one month. Temporary indulgence grants the borrower a 30-day grace period during which they don’t have to pay their mortgage. There must be a concrete date under which you will be able to resume making your mortgage payments.

  6. Repayment Plan

    A repayment plan is only granted when your financial hardship has worked itself out, and you have recovered financially. You should only look into a repayment plan if you are able to prove to your lender that you can resume making your normal monthly payments again; while also paying back your missed payments. Under a repayment plan, you usually have to pay back all of your missed payments within a 1 to 2 year period.

  7. Reinstatement

    You must pay back your lender in one lump sum the total of missed mortgage payments. This is usually only a good option if your financial troubles have resolved and you have access to or have saved a large sum of money.

  8. Partial Reinstatement

    You must pay back 50% of what you owe, or more, in a lump sum. You also must negotiate a plan to repay the remaining amount due in missed payments within a specific timeframe.

Don’t Wait To Find A Solution That Works For You

We know it can be confusing to know what option will work best for you, but we are here to help. Our site has a number of resources for you to research all of your possible solutions. But don’t wait. The problem will only get worse if you do not employ a strategy early on. And as time goes on and you miss more and more mortgage payments, it becomes more difficult to find a solution you are eligible for, and if your home goes into foreclosure, the chances of being able to save it decrease drastically if you don’t take action early on.

 

If you don’t think that any of the aforementioned options will work for you, bankruptcy may be an option: read our post, How Does Bankruptcy Help Save My Home In Foreclosure In New Jersey?

Filed Under: Foreclosure, Home Loan Modification Tagged With: foreclosure, lawyer, loan modification, mortgage, New Jersey

June 15, 2016 by Todd Murphy

Webinar: How To Save Your Home From Foreclosure And What To Do If You Can’t

Watch Our Webinar : Save Your Home From Foreclosure

Our Webinar Will Answer All Of Your Questions About How To Save Your Home From Foreclosure, And What To Do If You Can’t

Our powerful Webinar about the Foreclosure Process and Loan Modification will answer all of the questions you have like:

What Is The Foreclosure Process In New Jersey?
What Is The Timeline Of Foreclosure?
How Can A Loan Modification Help Me?
What If I Can’t Get A Loan Mod?
How Could A Bankruptcy Save My Home From Foreclosure?
What Should I Do If It’s Too Late In The Game To Save My Home?
…. And So Many More!

Download Your Free “Find My Solution Worksheet”

Our Free Solution Worksheet will help you when we go over our Solution Analysis in the Webinar. Make sure to download it before viewing the Webinar by clicking the green button below.

No need to fill out the Solution Worksheet before viewing, we will help you with that!

Find MY Solution worksheet foreclosure bankruptcy loan modification find out how to save your home from foreclosure

 

Talk To Todd Now

After viewing our Webinar, schedule an appointment by clicking on this button below. Once you book an appointment, Todd will call you back at the time of your choosing for a one-on-one strategy session. Click the blue button below to schedule your appointment today.

Talk To Todd Now Todd Murphy Law New Jersey foreclosure lawyer loan modification bankruptcy find out how to save your home from foreclosure

Filed Under: Webinars Tagged With: foreclosure, lawyer, loan modification, New Jersey, todd murphy

May 27, 2016 by Todd Murphy

Can I Apply For A Loan Modification After A Bankruptcy?

Apply for loan modification after bankruptcy Have You Filed Bankruptcy, And Are You Wondering, “Can I Apply For A Loan Modification After A Bankruptcy?”

The answer is yes. You can still apply for a loan modification after a bankruptcy. Sometimes using a bankruptcy and loan modification in combination with one another can achieve the most desirable outcome in helping you save your home from foreclosure. This is especially true if you could not get approved for a loan modification before filing for bankruptcy. It is likely that trying to get a loan modification was your first course of action, but for whatever reason, your application was denied. Then you filed for bankruptcy. The wonderful thing about bankruptcy is that once you file, you can then (re)apply for a loan modification with better chances of being approved for one.

Why Should I Apply For A Loan Modification If I Already Filed For Bankruptcy?

A bankruptcy opens up the possibility of getting a loan modification if you couldn’t obtain one the first time around. More importantly, a loan modification can adjust the terms and payments of your bankruptcy and make it more reasonable.

If you want to learn about how to get a loan modification, read our post: How To Get A Loan Modification.

Or, if you are interested in finding out how a bankruptcy works to save your home, read our post: How Does Bankruptcy Help Save My Home In Foreclosure In New Jersey?

Filed Under: Bankruptcy as an Option, Foreclosure, Home Loan Modification Tagged With: apply, bankruptcy, file bankruptcy, lawyer, loan mod, loan modification, New Jersey

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