What is Foreclosure in Passaic, New Jersey?

Find the right Foreclosure Bankruptcy attorney in Passaic, NJ

Foreclosure is a legal process allowing mortgage lenders to take ownership and/or possession of the debtor's real estate (which was used to secure the loan) in the event of nonpayment in Passaic, New Jersey. Foreclosure usually results in the property being sold in an auction. Banks usually want to get rid of the property as soon as possible, even if it means taking a financial hit, and an auction is the easiest way to do this.

In every state, including New Jersey, there is an option to go through foreclosure by a judicial sale, which is a procedure in which a court supervises the sale of the property, and makes sure that the proceeds first go the to the holder of the mortgage, then to anyone else who may have a lien on the property, and finally to the debtor if anything is left. In many states, original mortgages (as opposed to refinanced loans) are "non-recourse" loans, meaning that the most the lender can collect is whatever the foreclosed property sells for. The bank cannot go after the borrower for the balance, if the sale nets less than the amount due. You should consult a lawyer in Passaic, New Jersey to learn the details of the law here. You should also know that this rarely applies to loans which have been refinanced.

How Can I Avoid Foreclosure in New Jersey?

Most importantly, you must not ignore the problem. Doing so will not make it go away, and will probably make it worse. You should stay in close contact with your bank, and be honest with them. It is crucial to remember that the bank does not really want your Passaic house - they expected to make a profit through the interest on your loan, and that's what they'd prefer to do. Accordingly, they will probably make reasonable accommodations to your financial situation if it means that you will be able to make some form of payment to them.

If you can't work anything out with your lender, or have become completely unable to make any mortgage payments, a "short sale" might be a good option. This allows you to sell your house for whatever price it can get, and hand the proceeds over to the lender. If the sale price is less than the balance of the loan, the rest of the debt might be forgiven. You might also consider a "short refinance" which allows a portion of the debt to be forgiven, while refinancing the rest, hopefully under better terms.

How Can A Passaic, New Jersey Attorney Help?

If you think foreclosure is imminent, a good Passaic, New Jersey attorney might be your best hope for staving it off. Even if keeping the house proves impossible, a good lawyer can minimize the financial effects.

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Life in Passaic

Passaic, New Jersey is a city in Passaic County. As of a 2008 Census estimate, its population is just under 67,000 people.

The city of Passaic can trace its origins to a Dutch settlement established in 1679, on the Passaic River. "Passaic" comes from the Lenape word pahsayèk, which means "valley." The 19th Century saw a great deal of industrial growth, becoming a center for the textile industry. Passaic is sometimes called the "birthplace of television" because, while the TV was not invented there, it is the site of the first permanent TV station designed to broadcast to consumers. It began transmission in 1931.

Currently, portions of Passaic are designated by the state of New Jersey as "urban enterprise zones." This is part of a state program to promote entrepreneurship and economic growth by targeting areas underserved by businesses providing basic services, and encouraging them to set up shop there through reduced sales taxes (3 1/2% as opposed the statewide rate of 7%), and tax credits for hiring new employees.

If you live in Passaic, New Jersey, and need an attorney, chances are good that you'll be able to find one. Thanks to its size, diversity, and proximity to the large city of Newark, there is a significant legal community there. The chances are good that a Passaic, New Jersey lawyer can help you with whatever legal issues you might face.

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