A defense is a reason why the Plaintiff (the Bank in a foreclosure lawsuit) should not win their case. You tell the Court your defenses when you answer the summons and complaint. You must then prove your defenses in Court. If you prove your defenses then the plaintiff will lose and you will win the case.
Foreclosure is the legal process that a lender may initiate when a debtor has missed numerous mortgage payments. This process is one that, if successful, allows a lender to force the sale of a home in order to satisfy the outstanding debt that is owed on the property. Foreclosure does not come without warning, as there are specific methods and deadlines that a lender must follow to notify a debtor that they are in breach of contract and that foreclosure is looming.
For any homeowner, the prospect of foreclosure is a nightmare. You house is part of your American Dream, your biggest investment, and where your children sleep. Sadly, foreclosure happens a lot as people find themselves in circumstances where they are no longer able to keep up with their home payments. If you are having trouble paying your mortgage loan, or if foreclosure proceedings have already been initiated you may have questions about the foreclosure and eviction process.
Homeownership is an essential element of the American Dream. There is a great amount of pride in picking out (or building) a home, raising your children there, and putting money into the house as an investment into your financial future. Unfortunately, home loans can have very long terms, and a lot can change in your life during that time.
Purchasing a home is one of the most exciting times in a person's life. While it is a major financial investment, it represents much more than that for the security, stability, and future of homeowners and their families. Unfortunately, life is not free of hurdles or challenges, and some people find themselves unable to make their mortgage payments. Whether this is because of a bad loan, unforeseen circumstances, or changes in financial status, the ultimate result of failing to make home payments is foreclosure.
When a homeowner falls behind on their mortgage payments, it is very likely that foreclosure proceedings will soon follow. Struggling to make payments and facing foreclosure is all incredibly stressful and emotionally draining. However, you do have legal rights, and it is in your interest to speak to a foreclosure defense attorney to learn your options.
On July 31, 2017, the New Jersey Supreme Court in GMAC Mortgage, LLC v. TamiLynn Willoughby said that the Chancery and Appellate Courts incorrectly found that a settlement agreement between a homeowner and GMAC Mortgage, LLC was provisional and not enforceable, which ultimately led to her home being sold to GMAC at a sheriff's sale for $100.00. In a unanimous opinion, the Supreme Court reversed that result and enforced the agreement.