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notice of intend in nj

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  • notice of intend in nj

    Hi all. Just got a notice of intent to foreclose in NJ. I filed BK 7 and was discharged and closed in Aug 11. I did not reaffirm with them (credit union). Have been in and out of mods with them for 18 months now. I guess they want more of a long term fix. Question: Can a Notice of Intent to foreclose be disputed? They have given 30 day before they are going to the next level. Thanks All
    Last edited by LadyInTheRed; 04-02-2013, 01:33 PM.

  • #2
    I think you are out of luck to dispute, since it is discharged. I think you still have time to save to move.
    chpt 7 ,5-2009


    • #3
      From what I've read, the process in New Jersey is exactly what you received. That is, the first step is the Notice of Intent to Foreclose. The process for NJ also reads that they need to give you 30 days from receipt to cure.

      Having wrote that, I have seen a foreclosure defense attorney, albeit in Florida, get a foreclosure action dismissed because the cure date on said "acceleration" or "intent to foreclose" letter did not technically give 30 days! The letter, for example, will have a date of March 1, 2013, but tell you that you need to pay by March 31, 2013. There is no way to mail it and have it to you on the same date (March 1, 2013), so the letter is faulty. This is a foreclosure defense strategy. I can not tell you if it would ever work in New Jersey. It does not even work with "all" judges in Florida.

      The question for you is... what is your game plan? What do you want to do... delay the foreclosure? Do you know if it's a judicial or non-judicial foreclosure?
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      I am not an attorney. Any advice provided is not legal advice.


      • #4
        jb is correct, first comes the NOI (notice of intent) simultaneous (or usually) the pen lisdens is filed with the county to record the plaintiffs intent to foreclose. this is just the first step in a long process. next you would get the NOD (notice of default). new jersey ONLY uses the judicial process.

        remember nj has the some of the best protection against creditor laws in this country dealing with foreclosing properties. this is a small part of an articile where in IL they are attempting to pass something similar, although i posted it in another thread it's just good to know as so many other cities, towns, counties etc have different ways of handling vacated case you leave. i would stay and save as long as you can. it's been over 5 years since our NOD and nothing, however we never rec'd our NOI, so it was "legally" out of process order which is easily remedied.

        here is the law that is applicable: N.J.S.A. 46:10B-51, the New Jersey Creditor Responsibility Law

        " New Jersey has the nation’s ninth-highest percentage of loans entering the foreclosure process during the fourth quarter of 2010. State legislators have responded with the Creditor Responsibility Law. Signed into law in 2008 and amended in January 2010, the law makes lenders responsible for maintaining properties that have become abandoned during the foreclosure process. If code violations or nuisance conditions go unaddressed and the city makes repairs itself, the law allows the city to put a lien on the property and go after the lender’s assets to obtain repayment as if the lender were the title holder.New Jersey is the first state in the nation to have such a law. In Illinois, efforts to pass a similar law failed two years ago, but now another bill is on the table. House Bill 1109 would hold responsible beneficiaries, which could mean lenders, banks or trustees of mortgage-backed securities, for maintaining vacant properties on which they are foreclosing or even before they initiate foreclosure, according to Adam Gross, director of the regional affordable housing initiative at Business and Professional People for the Public Interest, a public interest law and policy center in Chicago."

        oh!! and welcome to the site shvar11!
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


        • #5
          noi in nj

          Thanks guys. I really appreciate how fast you guys posted responses. With that in mind, part of my defense is to answer there NOI by by disputing it. My goal is two fold: 1 is to retain the propertie as long as possible 2 is to have the cost to the plaintiff force them into a long term mod as the hud counselor recommended. I need your guys thoughts on the strategy. Thanks.
          Last edited by LadyInTheRed; 04-02-2013, 01:33 PM.


          • #6
            I know several people who have managed to stall foreclosure for three years in NJ. You can save up a decent amount of cash in that length of time.
            Read up on the Hampster wheel.

            Keep On Smilin'


            • #7
              Originally posted by shvar11 View Post
              Hi all just got a notice of intend to foreclose in NJ did file BK 7 discharged and closed in Aug 11 did not reaffirm with them (credit union) be in out of mods with them for 18 months now I guess they want more of a long term fix. Question can a Notice of Intent to foreclose be disputed as they have given 30 day before they r going to the next level Thanks All
              Originally posted by shvar11 View Post
              thanks guys I really appreciate how fast you guys posted responses with that in mind part of my defense is to answer there NOI by by disputing it . my goal is two fold 1 is to retain the propertie as long as possible 2 have the cost to the plaintiff force them into a long term mod As the hud counselor recommended. I need your guys thoughts on the strategy Thanks
              Welcome to Bkform shvar11. I have edited both of your posts because they were very difficult to read. Please use complete sentances and punctuation when posting. You are likely to get more responses that way. Text Message shorthand is not appropriate here. Thank you.
              LadyInTheRed is in the black!
              Filed Chap 13 April 2010. Discharged May 2015.
              $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


              • #8
                Thanks for the edits lady in red, anyone else have any thoughts, please post them!


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