Ok on March 15th I put down the first months rent and security deposit for a 2 br condo in a building with many other condos located in New Jersey.

Since then I’ve googled the address and found a sheriffs sale or foreclosure sale notice scheduled for public viewing on 4/08/09 so next week.

I asked my landlord about this and he says he’s in the process of restructuring his morgage and that this posting was an error.

I’m set to move in on June 15th and am a bit worried that if this property some how does get foreclosed on.. on the set date do I have a leg to stand on?

I have a copy of our lease and my bank account shows the check he cashed for the rent and deposit.

I understand that since I’m in NJ there’s a lot more of a chance my lease won’t be found void since theres already a lease in place.

My main questions are since this is in NJ if this place gets foreclosed on that shouldn’t effect my move-in in June right since NJ the lease is not voided because of foreclosure.

Also if for some reason the bank does become the new owner and I can’t move in would I still have a civil case against the landlord for the rent and deposit or is their a loophole for him since he’s no longer the owner?

Any information you could tell me would be much appreciated.

And I feel that I should mention that I do think this guy is honest and has never stopped communicating with me since I signed the lease. Is it possible that he really is restructuring his morgage and it won’t be foreclosed on even though the date is set for a week from now?

There’s really not much you can do. I don’t know the laws in New Jersey, but your landlord is supposed to give a tenant sufficient notice before the property is seized. Most certainly, he or she should not have taken on a new tenant without first taking care of the lien on the property. I’m not sure but I don’t think the bank or any new owner can evict you right away. I think they have to give you a 3-4 month notice.

Ask an attorney, but there is nothing you can do to your landlord. He is one of the hundreds of thousands of real estate owners that have defaulted on loans they hope to refinance. Good luck with that!

Defining the loss mitigation process:

For all practical purposes, loss mitigation can best be viewed as a powerful weapon that can stop your pending home foreclosure dead in its tracks. The loss mitigation process itself is without bounds, but always involves effective communication to be successful. If you are too stressed out about the possibility of foreclosure to represent yourself effectively throughout the loss mitigation process, then you need to employ a professional foreclosure consultant. They, like the loss mitigation teams employed by your mortgage lender, are experts that deal with these issues on a daily basis.

The loss mitigation process involves a set of tools that you as the homeowner are privy to. You can utilize these tools to achieve victory from a seemingly bleak situation. Negotiating with your lender, or having a professional foreclosure consultant to do it for you, is your ticket to retaining ownership of your home. Before we go further, please realize that millions of Americans are at risk of foreclosure even as you read this. Lenders appreciate a motivated homeowner who cares enough to communicate regularly with them and that tries to initiate positive plans of action to bring their loan current. Nobody wants you to lose your home to foreclosure.

The loss mitigation process can do more than just stop the foreclosure process; it can protect the equity that you have built up over the years in your home. With proper loss mitigation techniques employed, your lender will be more than happy to work with you and develop a plan for mutual satisfaction and appeasement. Loss mitigation involves a set of utilities that can stop a foreclosure. They include:

-Partial claims;

-An “In-Lieu” Deed of foreclosure;

-Forbearance agreements;

-Mortgage refinancing;

-Modification of your loan;

- And more…

The ultimate goal for all loss mitigation is to stop the foreclosure process and to establish a mutually beneficial plan for repayment of the mortgage loan including payment amounts and dates. However, nothing is set in stone and unless you are able to convince your lender’s loss mitigation specialists that you are a worthy gamble, they will still elect to go ahead with the foreclosure. Remember: their job is to minimize the losses that will be incurred by the lending institution – not to keep you in your home. If you are unable to thoroughly convince them that your plan is better for them than a foreclosure will be, then they will certainly foreclose. It’s just business in its raw form.

Stopping foreclosure is all about two things: loss mitigation and time. Once the foreclosure process begins, it seems that time cannot be slowed even for a second. The pressures continue to build and it can make you feel helpless – like there’s just no hope. But, there is! Consider having a professional foreclosure consultant assist you with your loss mitigation process every step of the way. It will save you time, money, frustration, worry, embarrassment and mistakes. It will also very likely keep you and your family in your home where you should be. Contact us at Stop Foreclosure Help Today and let’s discuss your possibilities.

 

Igor Mosyak
http://www.articlesbase.com/loans-articles/understanding-the-loss-mitigation-process-can-save-your-home-from-foreclosure-674193.html

When the phone is ringing every day and the bank is threatening to foreclose your home, because you are behind on payments, it is easy to believe that the banker is drooling over the possibility of foreclosing on your home. But you should know that the bank stands to lose a lot of money if they are forced to foreclose on your home. Read this article to learn the real truth about banks and foreclosures.

With what I have learned about banks and foreclosure over the last couple years, the information that I am about to share with you now, could have helped a few of my friends avoid losing their homes. Because I could not help them in their time of need, it is my hope that I could help you now, in your time of need.

I know that my initial suggestion that “banks do not want to foreclose on your home” may seem far-fetched to you now, but by the time you have read this article in full, you will recognize that you have more power over the bank than the bank would care to admit to you.

The Truth Is In The Numbers

Let us suppose for the sake of this story that you paid $100,000 for your home. And let us suppose that you put a full 20% down on that home five years ago. In this scenario, your bank loaned you $80,000 to help you purchase your home, and at best, you have probably paid $10,000 towards the principle of your home loan.

In the past year, you suddenly found your finances stretched for one reason or another. Perhaps you changed jobs, or your business contracted with the economy. Perhaps you had a financial emergency that required a lot of cash to solve, and now you find yourself struggling to catch up on the rest of your bills.

In the end, it really does not matter the reason for your current financial crisis. It will have little bearing on the outcome of this story.

This is where most people make a mistake in their understanding of the banks’ motives in threatening foreclosure. The bank is not threatening foreclosure because they want your house. The bank is threatening foreclosure, because they want to spur you to action, to fix your current financial crisis.

I know you are thinking that the bank will sell your home for its full retail value, but they won’t, because they cannot afford to hold onto your house for a long period of time. In order to sell a home for full retail price, the bank would need to commit to holding the home, perhaps for years, until that perfect buyer arrives to buy it.

If you force your bank to foreclose your home, your bank will put your house up for auction at a sheriff’s sale. PAY ATTENTION… this is important. When your bank puts your house up for auction, they will generally only get 35 to 40 cents on the dollar for your home.

The bank is currently out 70 cents on the dollar against the retail value of your home, but if forced to auction, the best the bank can expect to get out of your home is half what the bank has invested into your home!

In the scenario I have outlined here, you owe $70,000 on a $100,000 home. But if you force the bank to foreclose your home, the best the bank can hope to achieve is to get $35 to $40,000 for your home at auction. Do the math. If your bank forecloses your home, your bank will lose between $30 and $35,000, when they sell your home. Ouch!

This is the key information that you will use to stop the foreclosure of your home. As you can now recognize, your bank needs you to stay in your home, more than they desire to foreclose on your home.

Leverage

As should now be obvious, you as the homeowner have a lot of leverage over your bank. And if you play your cards just right, you will not have to lose your home.

If you find yourself behind on payments and you are looking for a way to save your home from foreclosure, you need to speak to a company like National Foreclosure Counseling Services (http://nfcscorp.com/). NFCS is a company, which can help you negotiate a repayment plan or loan modification on your behalf.

When NFCS contacts your bank on your behalf, your bank knows that you are interested in taking whatever steps are necessary to get back on the straight and narrow with them. When banks realize that you are serious about staying in your home, they have to weigh the options of negotiating a loan modification or losing an average of $30,000 when they foreclose your home.

If the bank has someone in a home that wants to stay in the home, then the bank stands a chance of retaining some of their profits on their original loan, if they are willing to renegotiate the terms of that loan. However, if the bank is forced to foreclose on the property, then chances are good that the bank will lose a lot of money.

Think about it. Your bank does not want to foreclose your home. It is in the best interests of your bank to keep you in your home, period.

National Foreclosure Counseling Services (http://nfcscorp.com/) has a proven track record (with documentation) of helping families such as yours renegotiate with their banks to help them to stay in their homes. In just the last 90 days, NFCS has helped 600 families renegotiate with their banks to avoid foreclosure.

The Most Important Step In This Process

You have the power to save your home from foreclosure, if you simply decide that you want to exercise your power of self-determination.

Who knows? You may have decided that you don’t want to try to hang on to your home for whatever reason. So long as you understand that a foreclosure will hurt your credit for at least ten years, perhaps preventing you from being able to buy another home, then by all means, it is your choice to accept foreclosure or not.

The current real estate crisis will not last forever, and housing prices will rebound eventually. Even if you see yourself upside-down in your home now, you may just find that if you hang on to your home another five or ten years, then housing prices will bounce back and you will survive the current real estate crisis without great financial loss.

But if you are like most people, you probably cannot bear the thought of losing your home and the equity you have so far built up in your home. If you desire to hang on to your home, then you alone must take that first step towards saving your home from foreclosure, then you should make it a point to get in touch with the folks at National Foreclosure Counseling Services, as shown below.

Author’s Note: This article was originally posted at: http://cash-advance-payday-loans.org/blog/banks-do-not-want-to-foreclose/2009/01/

Gen Wright
http://www.articlesbase.com/credit-articles/banks-do-not-want-to-foreclose-your-home-718722.html

Almost a third of all property that is now on sale is owned by banks due to the rise in foreclosures and repossessions. Due to this continuation house prices are being pushed down and driving an expansion in this niche market. In the 2nd quarter of 2008 alone around 740,000 US homes entered into foreclosure. The number of US foreclosures has almost doubled over the years, especially due to the current economic situation.

The wave of foreclosures that has been and is continuing to sweep through the US comes in the wake of the sub-prime mortgage lending crisis. These issues could be the factors that end up destabilizing the US housing market and may also lead to further turmoil in financial institutions.

The biggest reason that people end up having to face a foreclosure is due to falling behind or failing to pay their monthly mortgage repayments. There are of course several reasons as to why this happens such as being laid off work or being fired, suffering an inability to continue working due to medical conditions, having excessive debt and mounting bill obligations and divorce as well as having a job transfer, which takes you to work in another state. Whatever the reason the consequences are sadly severe but now more than ever is the time to take action.

The concept of a foreclosure refers to a procedure that allows a lender to recover the amount that is owned to them on a defaulted loan by selling or taking ownership, which is known as repossession, of the property. So just how does the foreclosure process start? Well the way it starts is generally the same for most people. If a borrower/owner defaults on loan payments, which are generally mortgage payments the lender will then file a public default notice, which is known as a Notice of Default or Lis Pendens. Even though the way in which a foreclosure procedure starts is the same, it can end in one of four ways, which are as follows:

• The property is placed on a public auction at the end of the pre-foreclosure period and a third party buyer purchases the property

• The borrower or owner restores the loan by paying off the default amount during a period that is determined by state law; this period is known as the pre-foreclosure

• If the property is sold by the borrower or owner during the pre-foreclosure period; this sale allows the borrower/owner to pay off the loan and avoid having a foreclosure placed on their credit history

• If the lender takes up ownership of the property; this is usually done with the intent of re-selling the property on the open market. The way that the lender can take ownership is either through an agreement with the borrower or owner during pre-foreclosure or by buying back the property at the public auction.

If you are in the mist of facing foreclosure then it may be a good idea to speak to a real estate agent or a buyer specialist who will be able to advise you on anything that you are able to do to stop the foreclosure from happening and even if this isn’t the case they will be able to guide you through the process and help you get back on the property ladder. So get in touch with one today and start receiving the specialist help that could make all the difference.

MARK Z.
http://www.articlesbase.com/real-estate-articles/what-is-involved-in-a-foreclosure-707646.html

If you have a home home mortgage loan that was issued through Countrywide Bank that you fear may in danger of foreclosure then you don’t have to wait for a government bailout package that may or may not come through. This is because you can get immediate relief right now through an independent program that is being offered by Countrywide Bank.

Your Need for Relief Must Be legitimate

However; to qualify, your needs must be legitimate. This means that you must be delinquent and be able to demonstrate unoqivically that the level of you home loan payments are such that you they are in effect driving you towards home foreclosure.

Get Your Story Together

Begin by crafting a letter that details how you found yourself in your financial predicament. Remember that this is not a charity operation that they are running but simply a business proposition for those who they deem eligible. So explain how you got yourself into the mess your in and how you plan on getting yourself out of it.

Show them a Way out if You Quailify

Foreclosures are not anything new and no bank is going to throw good money after bad, so if you can’t show them a light at the end of the tunnel if given a loan restructuring deal then don’t get your hopes up too high.

Compile All Your Financial Records

So gather together any financial document that you can get. This would of course include pay stubs and any bank records that you may have. Also include any and all documents concerning anything that you owe on and are still making payment such as a car.

Be Open and Honest

Bear in mind that you will have to sign your name to any contracts that you agree to and just as with any loan agreement all laws apply. So don’t go in expecting to B.S. your way into anything that you can’t sign your name to because bank fraud is still against the law. Also, if you have been watching the news recently then you may already know that there is a new emphasis on accuracy in declaration  in bank loan agreements so be absolutely truthful.

Benedict Reckard
http://www.articlesbase.com/loans-articles/hope-for-homeowners-and-how-to-stop-foreclosure-669982.html

Yes times are tough: people are upside down on their mortgages or even going through the foreclosure process, the banking industry is in turmoil, retail stores are closing at a record pace, jobs are being lost.  It is certainly difficult to imagine that all of these events are happening all at the same time, but things happen that are beyond our control.  Everywhere You turn people are crying for help, and pointing fingers everywhere except for where they should be pointed.  Here is a novel idea, though: take a good long look in the mirror and see who is truly to blame for you own person situation: you!

For years, people have been worried about keeping up with the “Jonses”: their neighbors, family, friends, emulating what they see on entertainment tv programs.  They go out and purchase cars and houses that consume most of their take-home pay just to say that they drive this car or that car, or so they can say that they live in this zip code or that city.  They struggle to live paycheck-to-paycheck using almost every last cent to pay for the luxuries that they thought would bring them status, but only drive them deeper into debt.  Did they not think that one day this would all catch up to them?

For years the national savings rate was at historically low levels under 1%.  A majority of the country wasn’t concerned with saving, just outspending and upstaging the next person.  Savings accounts?  Emergency funds?  Retirement savings?  Most reports concluded all of those things were virtually non-existent.  What happened once the ARMs started adjusting upward?  Foreclosures increased.  Defaults increased.  Banks, which are not in the business of selling real estate are seeing their risky lending practices come back and bite them in the rear.  Then the layoffs come, and there is no savings account, no emergency fund.  What do people do?  What else, blame everyone possible without taking personal responsibility for their own actions and decisions.

It’s really quite simple:

• House in foreclosure? Blame the bank for giving you a mortgage that you swore you could afford
• Car being repossessed? Again, blame the bank
• Job loss with no money in the bank?  Blame the employer for making a rational business decision
• Credit cards maxed out? Blame the bank yet again for giving you a line of credit that you couldn’t use responsibly or society for making it so easy to spend.
• Credit rating in the toilet?  Blame everyone else for expecting you to pay your bills on time and the credit agencies for calculating credit scores the way they do

Sometimes, people need a good slap in the face to wake them up to the fact that they are responsible for each of these situations.  It’s not the banks who extended the line of credit.  It’s not society (totally) for making you feel that you needed to keep up with those who actually have the means to afford their lifestyles.  It’s not the former employer that had to let you go in order for the business to survive.  Ultimately you are responsible for where you are right now.  You decided to buy rather than rent even though you knew you couldn’t afford it.  It was you who purchased a luxury car versus the affordable sedan even though the payments, insurance, and fuel costs would be stretching your budget.  You are the one who made the decision to spend your bonus and/or raise rather than fund your retirement account, savings account, or emergency fund.  It is al on you for living above your means, and you have no one but the person looking back at you in the mirror for where you are at this very minute.

Obviously this is not the same for everyone, but for the great many people who brought their current money woes upon themselves, this presents an excellent opportunity to learn something about yourselves and about money.  Look back to see how you got to this point.  See what you could have done differently, perhaps sought out a financial advisor, or read a book on money management.  Sit down and make a plan, outline your priorities, just do something to come out of this situation a more informed, more responsible consumer.

Eric J. Nisall
http://www.articlesbase.com/personal-finance-articles/stop-whining-and-take-responsibility-for-your-situation-674317.html