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Foreclosure

Foreclosure Practice Area

We represent secured creditors throughout New Jersey and New York in foreclosure actions.  A typical uncontested judicial foreclosure in New Jersey requires 12-14 months to complete.  New Jersey has one of the longest time frames in the entire country to complete a foreclosure action.  However, we manage our timelines to  knock months from that average.

Our New York clients are served through our co-venture in the law firm of Fein, Such & Crane, LLP.  While the time frame for New York is generally shorter, the foreclosure process continues to be a lengthy and frustrating one for the creditor.

Our Foreclosure Practice Area's philosophy is simple: We believe in the efficient use of available resources to eliminate or reduce delays associated with the lengthy foreclosure process.  We are cognizant of the high costs associated with judicial foreclosure and seek to minimize those expenses to our clients on a daily basis.

In prosecuting a foreclosure action, we help our clients by identifying and implementing loss mitigation initiatives, such as deeds-in-lieu of foreclosure and short sales.  These loss mitigation efforts usually present a "win-win" situation for both our client and the borrower, thus minimizing some of the negative attributes associated with the foreclosure process.

In addition to handling the straightforward foreclosure of the borrower's equity in "redemption", our department also represents clients in contested litigation, the correction of defects that impair the eventual titles to the transferred at foreclosure sale, the defense of counterclaims (e.g., Alleged Fair Debt Collection, RESPA violations), bankruptcy proceedings, and the eviction of former owners and their tenants, if authorized by state law.  As a result, our associates are well known and successful advocates in all levels of the state and federal court system.

We pride ourselves on being one of the strongest creditors' rights firms in both New Jersey and New York. We are one of only three firms selected by Freddie Mac to handle its foreclosure matters in New Jersey, as well as one of only three firms selected by Freddie Mac to handle its foreclosure matters in New York.  We are also extremely proud to have been selected to the Fannie Mae Attorney Retention Network for both states, making Fein Such the only firm designated by Freddie Mac and retained by Fannie Mae, in both New Jersey and New York.

In our Library, you will find article written by our attorneys, as well as FAQ's and links that address the foreclosure process in greater detail.

If you have a question about a foreclosure matter, please contact Alan Such, Managing Shareholder of our Foreclosure practice area.

 

Explore Related Practice Areas of our Creditor's Rights Department

 

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Bankruptcy

 

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Collections

 

Attorneys

 

Shareholders:  

bullet Alan F. Such - Managing Shareholder
bullet Eric S. Kapnick - Supervising Shareholder, New Jersey and Southern New York REO and Evictions
bullet Gregg P. Tabakin
bullet Vincent DiMaiolo, Jr.
bullet Mario A. Serra, Jr.

 

 

Of Counsel:

bulletShari Seffer
bulletHoward R. Crane * - Managing Shareholder, all New York Foreclosures, REO and Evictions
bulletPaul L. Goldstein*
bulletMark K. Broyles*
bulletJoseph M. Shur*

 

 

Associates:  

bulletMichael S. Hanusek
bulletSamit Patel
bulletJoshua B. Sears
bulletKristen A. Klics
bulletTammy L. Terrell
bulletNancy E. Campanozzi
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Nicholas Canova
bullet
Ray Lebron 
bullet Jace McColley
bullet Richard Femano
bullet Melissa Licker
bullet Richard A. Gerbino Jr.
bullet
Jessica A. Berry

 

Tool Box

 

Articles, FAQ's, Forms and Cases:

 

Recommended Web Sites:

 

Articles:

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New Foreclosure Rules - There are new foreclosure rules from the Administrative Office of the Courts, outlining new Rules of Court as they affect Foreclosure cases in New Jersey.  These rules become effective for any pleading filed on or after September 1, 2006.

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Fidelity Features Fein Such - Fein Such Law Group as the featured attorney firm in Fidelity quarterly publication "The Summit" for its consistent performance as a top rated firm (June 2006)

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The Fair Market Value Credit in NJ Commercial Foreclosures - Practical Considerations and Strategies (May 2005)

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Considerations in Appointing a Rent Receiver - Lender security in New York -  control of the rental income stream on commercial properties (April 2005)

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Impact of Tax Lien Foreclosure on NY Mortgage Foreclosure Process - Discusses tax liens as a plague to mortgage foreclosures (September 2004)

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NJ Anti-Predatory Lending Act - A must-read guide for mortgage Lenders in New Jersey (2003)

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Rodgers v. County of Monroe -  A case review article examining when a mortgage foreclosure sale cuts off a former owners interest in the property (2003)

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Chase v. Padgett - Discusses the obligations of a mortgagee to send escrow deficiency notices to debtor during a Chapter 13 bankruptcy (2003)

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Dealing with the New Jersey Well Testing Act - An Article explaining and outlining compliance issues with the new law (2003)

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New Jersey State Prepayment Penalty Rules - A new law subject state-chartered housing creditors to NJ prepayment penalty rules (2003)

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Recovery of Attorneys' Fees in the State of New York - A look at the limited circumstances where a winning litigant may recover attorneys' fees (2003)

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Acceleration and Waiver - An article questioning the appropriateness in New York State of accepting partial payment after the foreclosure process has begun (2001)

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Landlord Victory - New Jersey Anti-Eviction Act - Highlights an exception to the Anti-Eviction Act where the Landlord periodically occupies the rental property (2001) 

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The Importance of the Title Claim - Issues in obtaining clear title to foreclosed property (2001)

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Death of a Mortgagor - A primer on the effect of a mortgagor' s death on foreclosure proceedings in various states (1998)

Reported Cases:
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GE Capital Mortgage Services, Inc. v. Irving Weisman, et als,____ N.J. Super. ___ (Ch.Div. 2000)

 

 

 

 

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www.mosscodilis.com

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State of New Jersey 212th Legislature - Provides statute of  limitations for residential mortgage foreclosures.                          

Click here for the State of New Jersey 212th Legislature

 

 

 

Click Here if you have any comments or would like additional information about this subject.

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* These attorneys are partners or associates with Relin, Goldstein & Crane, LLP and service New York clients through Fein, Such & Crane, LLP.

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