At Levitt & Slafkes, P.C., our foreclosure defense attorneys act aggressively to protect our clients from losing their homes to foreclosure. Our attorneys, Shelley Slafkes and Bruce Levitt, treat each client as an individual and effectively leverage their 30 years of knowledge and experience to craft individually customized strategies. Our firm has been involved in landmark foreclosure cases in which we successfully defended our clients against lenders' attempts to take our clients' homes.
Fighting Foreclosure: We Fight The Banks!
One of our firm's attorneys, Bruce Levitt, is a leading attorney in the area of foreclosure defense in New Jersey. He has defeated numerous foreclosures on behalf of homeowners. Additionally, he successfully litigated the nationally recognized case Kemp v. Countrywide Home Loans in the United States Bankruptcy Court, where he defeated the mortgage company's attempt to assert its claim.
Stop Foreclosure: Foreclosure Defense Solutions
Some options our attorneys use to foreclosure are:
Mortgage modification: Each mortgage lender has programs available to help people modify their mortgages, but they make it difficult for homeowners to get the modification. Our lawyers have successfully gotten our clients modifications that have lowered their interest rates, extended their payments, eliminated interest arrears and some principle, and put the past due payments into the mortgage.
Mortgage mediations: The New Jersey courts have a mortgage mediation program that allows people who are facing foreclosure to meet with the lender and an impartial mediator to try to find a solution to their mortgage-related problem.
We have extensive mediation experience and have been successful in getting favorable results for our clients.
Lack of note defense: Your mortgage lender may not be the proper party to foreclose. This may give rise to a "produce the note" defense to either defeat the foreclosure action or get a favorable settlement. Attorney Bruce Levitt has been at the forefront of lawyers raising this defense. He has successfully defeated attempts by mortgage lenders to enforce mortgages in bankruptcy. He was the winning attorney in Kemp v. Countrywide Home Loans, which was the first reported New Jersey Bankruptcy Court decision to hold that for a mortgage lender to pursue its claim, it must produce the original note. The Kemp case is cited around the country and is among the leading cases in the mortgage foreclosure defense practice area.
Fraud by the lender: Your lender may have committed fraud when the loan was made. If fraud is determined, your lender may be liable for triple damages and attorney fees under the New Jersey Consumer Fraud Act. Many cases in which attorneys Bruce Levitt and Shelley Slafkes have raised this defense have resulted in negotiated settlements with the mortgage lenders.
Violation of truth in lending laws: Your mortgage lender may have violated truth in lending laws when your mortgage was issued. This fact may lead to a successful resolution of the foreclosure and let you keep your real estate. Our attorneys have much experience with the Truth in Lending Act and have used it to successfully defend many foreclosure actions.
Bankruptcy: If you are financially distressed overall, filing bankruptcy (Chapter 7 or Chapter 13) is an effective way to stop foreclosure immediately and buy you time to resolve an "upside-down" or "underwater" mortgage problem.
Short sale: If you have used up all other attempts to save your home, a short sale can give you a way to walk away from your home without further obligation for the mortgage. In a short sale, your lender may agree to accept proceeds short of what the property is actually worth as "payment in full" of the remaining balance of your mortgage. This avoids a foreclosure. Our attorneys assist clients in negotiating short sales.
Deed in lieu of foreclosure: The lender may also accept a deed in lieu of foreclosure where it takes the property back from you without going through with the foreclosure process. We will negotiate with the lender on your behalf and work to ensure that any agreement provides the maximum level of benefit for you.
Attorneys Shelley and Bruce are experienced foreclosure defense attorneys who can best advise you in your particular situation and take the important steps necessary to assist you in saving your home. We help clients throughout New Jersey, including:
- Bergen County
- Essex County
- Hudson County
- Middlesex County
- Monmouth County
- Passaic County
- Sussex County
- Union County
Contact Our Maplewood Mortgage Debt Attorneys
Contact one of our Essex County foreclosure defense lawyers online by filling out the form below or by calling 973-323-2953.