FREE REVIEW OF Notices of Intent to Foreclose and Notices of Intent to Accelerate
If you fall behind on your mortgage payments, you should receive a letter from your mortgage lender, by regular and certified mail, called a Notice of Intent to Foreclose (notice of Intent to Accelerate.)
This notice is required by the New Jersey Fair Foreclosure Act, N.J.S.A. 2A:50-56, and must be sent to a borrower at least 30 days, and no more than 180 days, before the lender can file a foreclosure complaint.
This notice gives a borrower a final chance to reinstate their mortgage and get back on track with payments before the lender files the foreclosure Complaint.
The Notice can come from the lender or their attorneys. If the Notice is not proper, it can be a defense to the foreclosure or it can create claims that permit lawsuits to be filed against the Lender or their Attorneys.
If you received the notice less than one (1) year ago, contact the law firm of Ira J. Metrick today for a free review to determine if there are defects that may be a defense to a foreclosure or may permit a lawsuit to be filed against your lender or their attorneys.
What does a Notice of Intent to Foreclose Include?
The Notice of Intent to Foreclose is legally required to include several important pieces of information, such as the following:
- Identity of the lender, including their name and address, and the name and address of their representative, if any.
- The reason the lender is attempting to foreclose, such as missed mortgage payments.
- Notification of your right to cure the default and reinstate your mortgage by making up all of the missed monthly payments, plus the late fees and expenses actually incurred. (A Lender CANNOT force you to pay and fees or costs that have not actually been incurred by them)
- The amount you owe in order to reinstate the mortgage, and your deadline to do so. Your lender is required to give you at least 30 days.
- An explanation of what will happen if you do not pay the amount, such as a foreclosure complaint and suit to terminate your ownership of the property.
- Notification that you are able to stop the foreclosure process even after the foreclosure complaint is filed.
- Notification that you are legally allowed to sell or transfer title to the property during the foreclosure process.
- A statement that you are advised to seek the help of an attorney, and information about how to do so, including your options if you cannot afford one.
- Information about any available resources to help you cure the default, and contact information for the New Jersey Department of Banking and Insurance.
- Your rights to dispute the claims of default, or dispute the amount claimed due.
Who Sends The Notice of Intent to Foreclose?
Notices of Intent to Foreclose can come from your loan servicing company or their attorneys. These loan servicing companies are:
Bank of America
BSI Financial Services
Mr. Cooper (Formerly Nationstar)
Ocwen Financial Corporation
Specialized Loan Servicing (SLS)
Select Portfolio Servicing (SPS)
Additionally, Notices of Intent to Foreclose can also come from any of the law firms representing loan servicing companies. They are:
KML Law Group, PC
Buckley Madole, PC
Stern Lavinthal & Frankenberg LLC
Fein Such Kahn & Shepard, PC
Pluese Becker & Saltzman, LLC
McCabe Weisberg & Conway, PC
Powers Kirn LLC
Shapiro & DeNardo, PC
Udren Law Offices, Esq.
Knuckles Komosinski & Manfro, LLP
RAS Citron, LLC
Milstead & Associates, LLC
Stern Eisenberg, PC
Dembo Brown & Burns LLP
Hill Wallack, LLP
Martin S. Weisberg, Esq.
Schiller Knapp, Lefkowitz & Hertzel, LLP
Saldutti Law Group
Vastola & Sullivan
Duan Morris, LLP
Cutolo Mandel, LLC
Parker McCay, PA
Koury, Tighe, Lapres, Bisulca & Sommers, PC
Frenkel Lambert, Weiss Weisman & Gordon, LLP
Frank J. Martone, PC
Cullen and Dykman, LLP
Sills Cummis & Gross, PC
Brock and Scott
If You Receive a Notice, Do Not Wait; Contact Us Today
Contact the law firm of Ira J. Metrick as soon as possible to learn if the notice is defective and to learn your options for reinstating the mortgage or stopping the foreclosure by securing a loan modification.