There are three questions you must ask any lawyer offering to represent you in a New Jersey foreclosure lawsuit.

The reason why most New Jersey foreclosure defense attorneys are ineffective and do not save their client’s homes is because they do not litigate in federal court, do not understand the intricacies of the Real Estate Settlement Procedures Act and are unable to hold banks and mortgage servicers to account when they defraud homeowners.

The three questions you must ask an attorney you are selecting to represent you in a New Jersey foreclosure case:

1. How often do you sue banks and mortgage servicers in federal court?

If the answer is: we don’t do that (which will often be the case), the attorney you are talking with is not going to be an effective advocate for you.

Denbeaux & Denbeaux sues mortgage servicers every time there is an actionable violation of our client’s rights. We pursue our client’s rights in the foreclosure litigation, and through proper and multiple duly served Requests for Information and Notices of Error when violations are identified.

Which is very, very often, if you know how to spot the violations.

2. Can you tell me what modification terms I am eligible for before you ask me to pay you for a full modification retainer?

This is a difficult question for attorneys who are not expert in mortgage servicing. The vast majority of the time it is possible to determine what modification programs are available for a homeowner, down to the amount of the deferral, principal forgiveness, interest rate and term of the to be modified mortgage loan.

But to get to this answer, the attorney you are talking with really has to understand the details of the mortgage servicing industry and the RESPA regulations.

Until you know what your loan is going to be after modification, it makes little sense (most of the time) to pay for expert assistance to modify your mortgage.

This is why Denbeaux & Denbeaux has a two part loss mitigation (loan modification) retainer agreement: We charge a small fee to do the research necessary to identify the programs available to our clients (even in privately held mortgage loans) and analyze the client’s financials against the guidelines so that we can tell the clients exactly what modification terms they are going to enjoy after the full modification is complete.

This allows us not only to help our clients save their homes, but to strategically plan for the modification process to allow us time to help our clients to clear up other debts, resolve outstanding lien issues and turn a foreclosure filing from a disaster to a financially beneficial event.

3. How long have you been practicing consumer protection law?

We have been civil rights and consumer protection attorneys for over two decades. Joshua W. Denbeaux has represented thousands of homeowners in foreclosure, has argued over 100 appeals in the Superior Court, Appellate Division, has won before the New Jersey Supreme Court in the GMAC v. Willoughby case, [ Ссылка ], and has filed multiple federal lawsuits holding mortgage servicers, banks and foreclosing attorneys to account.

The Denbeaux & Denbeaux firm also has represented dozens of consumers victimized by other consumer financing frauds, including used car purchases from disreputable dealers and financiers, and has been active in civil rights litigation for over 20 years.

This area of the law is nuanced, complex and very, very challenging. You need an attorney in your corner with experience and who is not afraid to actually fight for your rights.

Consultations are always free!

Get a free initial consultation with Josh: [ Ссылка ]

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More Resources
Our website: [ Ссылка ]
About Foreclosure Defense: [ Ссылка ]
Guide to Foreclosures in New Jersey: [ Ссылка ]
More about your rights during foreclosure: [ Ссылка ]
Learn about the new CFPB servicing rules: [ Ссылка ]

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