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What to Ask Your Monmouth County Real Estate Lawyer Before Buying a Home

Veitengruber Law • January 10, 2025

As anyone who has ever purchased a home can tell you, buying a property is a lot more involved than simply paying the downpayment and signing on the dotted line. Real estate transactions involve intricate legal and financial processes that can sometimes be confusing. Not only are you likely working with lenders, competing against other buyers, and negotiating for a fair deal—you have local, state, and federal laws to grapple with. When mistakes happen, they can be costly.


In New Jersey, you do not have to work with a real estate attorney to purchase a home. Still, many home buyers seek the guidance of an experienced attorney to help them navigate NJ real estate law. If you are a hopeful homebuyer looking to purchase a home, you may want to consider the benefits of working with an attorney. Enlisting the service of an attorney will help you be a more informed and protected home buyer.


If you choose to work with a real estate attorney, here are six questions you can ask them as you go through the home buying process:


1.  How can the real estate contract protect my interests?

In New Jersey, any real estate contract automatically goes through the three-day attorney review period. While buyers and sellers are not obligated to utilize this period to have an attorney review their contract, it is highly recommended. Typically, if attorneys are not involved in drafting the sales agreement, a boilerplate agreement is used to facilitate the transaction. This standard agreement should cover the basics, but it will protect your legal rights and personal interests as much as a customized, attorney-created contract can.


Your real estate attorney can review and amend your contract to protect your rights and best interests throughout the transaction. They can also insert clauses that will make it easier for you to legally exit the contract if you face any setbacks, like a bad inspection report or the inability to get financing. A customized contract is typically in the best interest of all parties and helps create a smoother transaction overall.


2.  Are there any deed restrictions?

Every home comes with a deed. The deed to a home or property is a legal document that legally passes ownership from one owner to another. Unlike a title, which is the actual right of ownership, a deed is essentially the paper trail that shows the change in ownership from the previous owner to the current owner. There are some things you should look for when you review the deed to your new home.


Some deeds come with restrictions. Deed restrictions are limitations on your right to utilize your property as the owner. These restrictions typically exist due to a homeowners' association or agreements put in place at the bequest of community members. Deed restrictions can cover many things, from the color you can paint your home to if you can have sheds or fences in your backyard. Before proceeding with the transaction, you should review any deed restrictions and determine if they align with your lifestyle. An attorney can help you carefully review the deed and assess your rights going forward if you disagree with any listed restrictions.


3.  Are there any liens or claims on the property?

When you purchase a home, you must do so with the full knowledge of any potential issues with the property. Attorneys are excellent researchers who can provide expert assistance in researching the history of a property and reviewing the legal documents associated with a property. Attorneys are adept at performing title searches, where they go through all public records to determine the legal owner of the property and the history of deed transfers associated with the property. Title searches can also help you discover building code violations, legal issues, or property claims like court judgments, liens, mortgages, and delinquencies associated with the property.


Even if you were totally unassociated with the property when the above issues occurred, these encumbrances could diminish your ownership rights and lead to legal or financial headaches. An attorney can help you ensure that all potential problems with the property are resolved before closing so you can begin life in your new home without issues hanging over your head. Working with an experienced attorney for the title search process will help you protect your interests as a homebuyer.


4.  Can a real estate attorney assist with my mortgage?

Yes! There are a lot of moving parts in the homebuying process. One of those parts is securing financing if you are not paying for your home outright. There are a number of conditions that need to be met to secure a residential mortgage in NJ. Lenders will request a ton of paperwork and documentation from you to prove your financial standing and determine if you qualify for their financing options.


A real estate attorney can review your financial documents to ensure that you meet all the criteria to get approved for your loan. An experienced attorney will also be able to ensure that you are following the conditions laid out in the loan contract and that everyone is in compliance with NJ residential real estate law.


5.  Are there any tax implications with my purchase?

Depending on your circumstances, you may have to consider the tax implications of your home purchase. For example, NJ has a Mansion Tax that applies to home purchases of residential properties of homes sold for $1 million or more. This 1% fee of the home's total sale price must be paid at the time of closing.


You may also have to pay prorated property taxes to the seller. In NJ, property taxes are paid quarterly in advance. So, it is likely that the seller has paid the property taxes for the quarter in which the home is sold, despite the fact that they will not live at the property for the entirety of the quarter. Typically, the buyer is then responsible for reimbursing the seller for an agreed-upon portion of those property taxes. This amount will be due to the seller at closing.


6.  The inspection or final walkthrough revealed issues. What can I do?

An attorney can help you review the inspection report for a property to ensure that the seller has been honest and upfront about any issues with the home. If you have been working with an attorney from the beginning, they will likely have clauses in your contract that make the sale contingent upon specific standards being met. If these standards are unmet and the property has more issues than previously disclosed, your attorney can help. They will work with you to either negotiate for these issues to be resolved prior to closing or find a way to back out of the deal completely.


Even if these issues are not noticed until the final walkthrough right before closing, your attorney can offer you the tools you need to navigate any last-minute problems. You have legal rights throughout this process, and an attorney can ensure those rights are respected.


Buying a home is one of the most important investments you will likely make in your lifetime. Working with an attorney can help protect this investment from the very beginning. Veitengruber Law is an experienced, full-service real estate law firm in New Jersey. We have years of experience helping NJ residents sell and purchase property. NJ real estate law can be complicated, but your homebuying process doesn't need to be. We are ready to help you secure your dream home.

By Veitengruber Law January 10, 2025
The holidays are a time of giving but can also be a time of escalating financial stress. Gifts, food for gatherings, travel expenses, decorations—it all adds up. Most consumers will use credit cards to cover at least some of these extraordinary costs. For many, creating the magic of the season can result in unmanageable debt. In a year of increased inflation and financial strife, this reality is bound to impact more folks than normal. If you are already regretting your financial decisions around the holidays, you have options. It's important to act quickly as ignoring this debt can cause further financial strain and potential long-term consequences. Veitengruber Law is a bankruptcy and debt negotiation law firm in Monmouth County. We help individuals and families struggling with holiday debt every year. The solutions we offer are always tailored to the specific needs of our clients. We know there are many solutions to dealing with overwhelming debt, and each debt management plan will look different. Here are some options to explore if your December spending has overwhelmed your budget: 1. Debt Negotiation If you find yourself juggling payments the entire month of December and beyond to afford holiday spending, it may be time to consider debt relief. Veitengruber Law offers a comprehensive approach to debt relief that considers the entire financial picture in order to provide the most effective debt relief strategy. We can help you determine which debts are causing the most financial stress and offer solutions for tackling those issues. Here are a few of those solutions: Negotiating with lenders: At Veitengruber Law, we understand how creditors and lenders operate. Through this insight, we can better negotiate with your lenders to agree to new terms on your debt. Most individuals are surprised that negotiating with creditors and lenders is an option. Many credit card companies would rather negotiate with cardholders and get some return on their investment. It costs these companies a lot of time, money, and effort to go through the collections process. Negotiating for better terms, a different payment plan, or even to settle your debt is a great way to finally squash unmanageable debt. You may even qualify for a hardship agreement that would allow you to lessen or defer payments depending on your circumstances. Debt consolidation: If you are struggling to pay back multiple sources of debt, consolidation may help you move high-interest credit card debts to one loan with a more reasonable interest rate. Consolidation can significantly reduce your monthly payments and the total amount of interest you pay over time. Consolidating debt can also help by providing a single monthly payment to focus on instead of multiple high-interest payments a month, making it easier to manage your finances and keep an eye on your debt. Loan modification: Changing the terms on loans for secured debts—like your home or car—can also shift your budget to allow you to put more money into paying down debts. If your mortgage is a huge aspect of your financial struggles, securing a loan modification agreement can remove some of the burden from a strained budget. Negotiating a lower interest rate or a lower monthly payment, extending the repayment period, reducing the principal owed, or even changing from an adjustable rate to a fixed rate can improve the terms in your favor. Many debt relief options are available, and Veitengruber Law can help you find the one that is right for you. 2. Bankruptcy We know—bankruptcy may seem like overkill for some holiday spending. But the truth is that if you put all or most of your holiday spending on credit cards, there are likely some more significant issues at work in your budget. Maybe you've lost income or employment, maybe you are dealing with costly medical problems, or maybe you got hit with significant home repairs during your holiday spending. Regardless of the reason, holiday spending can exacerbate existing financial issues. Often, the credit card bill received after the holidays is the final straw for individuals who have been considering a big financial change for a while. If this sounds like you, bankruptcy may be the best option for dealing with all of your debt, not just the debt you accumulated over the holidays. What kind of bankruptcy you file can be tricky when considering holiday spending. For individuals filing for bankruptcy, your options are typically to file either Chapter 7 or Chapter 13. Bankruptcy laws dictate that any spending on "luxury" items or services in the 90 days before filing for bankruptcy cannot be discharged. Luxury goods include gifts. You also cannot discharge cash advances within 70 days of filing. This means that if you file in January, February, or March, you likely will not be able to discharge any debt accumulated around the holidays under Chapter 7 bankruptcy. While every individual's financial circumstances are different, if you are looking to get rid of holiday spending debts, Chapter 13 is likely the best option for you. If you went over budget or experienced financial hardship while dealing with end-of-year debt, Chapter 13 can help you pay back this debt in a way that works for your financial situation. By re-organizing the debt under Chapter 13, you can spread out more realistic payments over three or five years, making it more affordable under your budget. This can be a great way to restructure your financial life in a way that reduces stress and sets you on the path to a brighter future. 3. Credit Repair When your debt is out of control, your credit score will drop. How far it drops depends on how much debt you have and how you reduce that debt. Whether you are watching your score decrease due to immense debt or dealing with a low score in the aftermath of bankruptcy or debt relief, we can help. Our holistic approach to debt relief includes helping you improve your credit score in the wake of unmanageable debt. Your credit score is your financial power. With a poor score, you lose out on financial opportunities. We aim to help you become a stronger consumer so you can access these financial opportunities, empowering you to take control of your financial future. We offer individualized counseling to help you improve your credit score, clear your credit report, and bounce back from financial difficulties with more knowledge and financial empowerment. We will offer a step-by-step plan to help you repair and rebuild your credit score. If holiday spending has tanked your credit score, we can help you find a plan to dig out of that debt and get your score back to where it was.  Financial stability is a common New Year's resolution, and it's a goal that is within reach. Veitengruber Law can help you assess your situation and formulate a plan to get you on a path to financial health in 2025. We offer individualized and appropriate solutions to tackle your debt worries, giving you hope for a brighter financial future. Being proactive about your debt at the beginning of the year will help you end next year on better financial footing.
By Veitengruber Law January 10, 2025
When you are struggling to pay back debt, it can feel immobilizing. Even once you do decide to act, it can be challenging to determine the best path forward. Do you have the credit to consolidate with a personal loan? Should you work with a debt settlement company? Is a debt relief attorney a waste of money? It can be confusing to sift through all your options for the one that will be the most helpful for your situation. As a debt relief attorney, Veitengruber Law has helped countless individuals break free from unmanageable debt. We understand how stressful and vulnerable it can be to seek help for debt problems. Our goal is to guide our clients with compassion and expertise. Here are four reasons why you should work with an attorney instead of a debt settlement company when you need debt relief: 1. Attorneys Have Negotiation Skills The charming salesman you talk to on the phone when you call a debt settlement company is likely not the one who will be negotiating with your creditors to settle your accounts. When you work with a debt relief attorney, you know exactly who will negotiate with creditors on your behalf. Attorneys have three years of law school, years of practice, and extensive knowledge of consumer protection laws. They are more adept at negotiating with creditors and more likely to find success doing so. Attorneys with experience in debt relief know what to say to get your creditors to work collaboratively for an agreeable path forward. 2. Attorneys Must Act Ethically Unlike debt settlement companies that are out for themselves, your attorney works for you. Attorneys are required to uphold stringent ethical standards associated with their profession. This includes always acting in the best interests of their clients. So many debt settlement companies are actually scammers who take what little you have left for themselves through fees without paying back your creditors. The Federal Trade Commission has sued hundreds of these companies for fraudulent activities. Instead of rolling the dice and hoping you find an honest debt settlement firm, you can work with a well-known debt relief attorney you can trust. 3. Attorneys Understand All Your Options A debt settlement company will give you one solution, no matter what your specific problem is. An attorney will help you investigate all of your options. These options include debt settlement, negotiation, loan modification, or bankruptcy. A good attorney can guide you toward the solution that will fit best with your circumstances. Not everyone is an ideal applicant for debt settlement. The best way to successfully solve your debt issues is to explore all your options before planning to move forward. A debt settlement company will box you into a one-solution-fits-all formula for success that doesn't always work. 4. Attorneys Can Represent You Legally If you work with a debt settlement company and end up getting sued by a creditor, you're on your own. Not all creditors will agree to settle your debt. When this happens, it is likely they will sue you directly to recoup their losses. Debt settlement companies cannot offer legal services or represent you in court—but a debt relief attorney can. If you have creditors threatening legal action against you, it is likely that you need to work with an experienced attorney to avoid the most dire consequences of unmanageable debt. An attorney can represent your case in court and ensure that creditors are not ignoring your legal rights. 5. Secured Debts Are Not Included In Debt Settlement If your debt issues go beyond unsecured debts like credit cards and personal loans and extend to secured debts like your mortgage or car payment, a debt settlement company will be unhelpful. Most debt settlement companies will not deal with secured debts. Working with an attorney is your best option when you need to save your home, car, or other important possessions. 6. Debt Settlement is a Big Gamble Debt settlement companies will offer you the world. They boast about low monthly payments and quick settlement, but they tend to leave out that your debt is likely to grow and your credit will take a major hit. They may also choose not to disclose their high fees or how your money will be distributed once they receive it. Unless you know the exact right questions to ask or what to look for in a contract, it can be easy to get duped by a dishonest company running a scam.  Working with an attorney makes you more likely to get results with compassion, honesty, and skilled representation. Veitengruber Law has years of success helping struggling individuals get back on their feet. We offer proven solutions for debt relief. If you are worried about your debt, reach out to us today for a free consultation.
By Veitengruber Law January 10, 2025
When you create a customized estate plan, you will make a will, a power of attorney, healthcare directives, and appoint an executor of the estate. The executor of an estate, or executor of a will, is the person that will be responsible for carrying out your wishes as detailed in your estate plan. Choosing an executor is a big decision. This person needs to be reliable, willing, and have the capacity to carry out your directives. Here, we look at what an executor does and how you should choose your executor. What is an executor of a will? The executor of estate is a trusted person in your life that will resolve the logistical, financial, and personal issues after you are deceased. Their primary duty is to distribute the assets in your estate as intended to your beneficiaries. Inheritance is not always automatic. The executor is there to ensure that things go smoothly for those who stand to inherit your assets. They act in the best interest of you, your estate, and your beneficiaries. Who can be an executor of a will? Almost anyone can be an executor. Who becomes the executor of an estate is primarily up to the personal preferences of the individual who creates the will. You can designate a family member, close friend, lawyer, accountant, financial advisor, or even an entity to be the executor of your will. You can name one of your beneficiaries as your executor. You can also designate multiple executors that will work together as co-executors. If you never designated an executor, the court will appoint one. Most importantly, you choose someone to be your executor who is reliable and willing to take on the responsibility. It is crucial that you trust this person implicitly. You are, essentially, leaving your entire legacy in their hands. Choose someone who is organized and level-headed in case disputes or conflicts arise. It can take months or even years to administer an estate, so choose someone with the time and resources to get through this process. What does an executor do? An executor has many functions, including: Obtain the death certificate: Typically, an executor gets a copy of the death certificate from the funeral home. They use this certificate to settle affairs with banks, credit agencies, insurance firms, or other entities. File a copy of the will: The executor will provide a copy of the will to the local court and follow the court procedures for the probate process. The executor is also tasked with keeping beneficiaries informed of court proceedings. Settle debts and taxes: Before assets are distributed to beneficiaries of the estate, executors must settle debts. They will pay ongoing bills (like mortgage or utilities) as well as any outstanding debts. The executor will also file the final tax return for the year the decedent passed. The executor does not need to determine how to settle debts if the money in the estate does not cover the full amount owed. Instead, the court will decide how to prioritize repayment. Supervise the distribution of assets: The executor's primary job is to ensure that the assets of an estate end up with the correct beneficiaries. If there is no will, the court-appointed executor will distribute assets based on NJ intestacy laws. Working with an estate planning attorney while you are creating your will can help you set up your estate plan in a way that simplifies things for your executor and your beneficiaries. Named executors may also want to seek the expert advice of an experienced attorney as they go through the probate process. It can be overwhelming to deal with the complexities of an estate in the aftermath of a loved one's death. Veitengruber Law is an experienced estate planning attorney in New Jersey. We can help you make the process as smooth as possible.
An aerial view of a residential neighborhood with lots of houses and a pool.
By Veitengruber Law December 5, 2024
A homeowner's association (HOA) is an organization intended to hold a specific neighborhood of homes to a certain standard of care. HOAs will collect fees from homes in their designated neighborhood to fund things like road upkeep and community spaces. Members of HOAs often have access to shared common areas within the community, like a community fitness center, pool, garden, playground, or clubhouse. While HOAs can help keep property values stable and offer a sense of community, there are some downsides to belonging to an HOA.  It can be expensive to belong to an HOA, with monthly fees for membership. HOAs also impose many restrictions and rules on residents that can impact the appearance of their homes and how they may utilize their property. If you cannot pay your HOA dues on time, you can also risk eviction or foreclosure. So, what happens if you decide to leave your HOA? While it is possible to leave an HOA, it can be challenging to do so. Veitengruber Law is a real estate attorney in NJ. We understand the laws and regulations surrounding HOAs. Here is our expert advice on leaving your HOA: 1. Reduce Your Fees If your main reason for leaving the HOA is the cost of membership, but you otherwise enjoy the benefits of belonging to your HOA, then negotiating your HOA fees may be the best path. You can offer to stop using certain HOA-offered services (like snow removal or the community gym) in exchange for lower monthly fees. Your HOA fees should go towards maintaining community standards and conveniences. If you do not feel that the high fees are worth the benefits provided, approach your board about lowering fees. Regardless of the outcome, do not stop paying your HOA fees just because you want to opt-out. Unpaid fees can damage your credit score or even lead to eviction. 2. Utilize Your De-Annexation Clause Look to the covenants, conditions, and restrictions (CC&Rs) you signed when you purchased a home with an HOA. If a de-annexation clause is included, you may be able to leave your HOA if you meet specific requirements. You can petition for the home to be removed from the HOA through this clause. However, this typically requires legal action and an attorney's help. 3. Wait for Membership Expiration Some HOAs will have periodic membership renewals. It may be possible that you could leave the HOA by simply not renewing your membership when the time comes. 4. Grandfather Out If there was no HOA in your neighborhood when you purchased your home, you may not be obligated to join a new HOA. You should carefully review your homeowner documents to ensure you never agreed to join any future HOAs in your neighborhood. If you never agreed to join a future HOA, you may be able to fight pressure to join a new HOA with legal help. 5. Organize to Dissolve the HOA Check the bylaws of your HOA. Often, the bylaws will include stipulations about what percentage of the HOA members are needed to dissolve the HOA. In most cases, this is 80%. If you think that many of your fellow HOA members are also dissatisfied with the HOA, you could campaign to hold a vote on dissolving the HOA. 6. Relocate It is very difficult to leave an HOA. In many cases, members must sell their homes and move to opt out of the HOA. Leaving your HOA is challenging and will likely require you to take legal action if you want to fight to keep your property. Veitengruber Law is a full-service real estate attorney in New Jersey. We can work with you to help you leave your HOA while keeping your home. Reach out to us today for a consultation!
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By Veitengruber Law December 5, 2024
In 2023, New Jersey bankruptcy filings increased by 18% to 445,186 total filings. Increased interest rates, inflation prices, and growing debt have all contributed to unsettled finances for many NJ residents. In these difficult financial times, it can be challenging to determine what kind of debt relief options to turn to. The prevalence of scams, misinformation, and taboos surrounding debt relief can confuse matters worse and result in inaction. But we are here to tell you that being proactive about your debt doesn't have to be scary or stressful. Veitengruber Law offers full-service debt relief services including bankruptcy, foreclosure defense, debt negotiation, and credit repair. We can help you find financial and legal solutions for your specific circumstances. Our team can provide knowledgeable, practical, and compassionate guidance to get you out of unmanageable debt and on the path to financial security. Here, we explain some of our solutions and how they can help you. 1. Bankruptcy Bankruptcy is a powerful financial tool, but because of the misinformation surrounding bankruptcy, many think of it as a kind of taboo. While it is true that there will be some negative impacts of filing for bankruptcy, for many people, the benefits will vastly outweigh the costs. When you are struggling with unmanageable debt, bankruptcy can be a lifeline to a brighter future. Not only can bankruptcy help you get out of debt faster than other debt relief solutions, but it is also a legal tool to delay or prevent foreclosure, repossession, wage garnishment, and other negative consequences associated with debt. Veitengruber Law utilizes a holistic approach to debt relief and bankruptcy. We know bankruptcy is not the right path for all our clients, but we have also seen how transformative a successful bankruptcy case can be for their financial health. We will look at the specifics of your circumstances to determine if you are a good candidate for Chapter 7 or Chapter 13 bankruptcy. Our office can work with you to file correctly and present a winning case. 2. Foreclosure Defense Your home is likely to be the most significant investment you will ever make. When you face the potential loss of your home, you are not just looking at the loss of property—you're facing a deeply personal loss. If you are on the brink of foreclosure, or even if you have received a notice of foreclosure, Veitengruber Law can help. There are many different solutions we can utilize to defend against foreclosure, including: Loan Modification: Modifying the terms of your mortgage can decrease your monthly payments and give you the financial break you need to get back on track with your mortgage company. Veitengruber Law has an established track record of successfully negotiating with mortgage companies and lenders for better terms and lower monthly payments. Short Sales: If you cannot save your home or just want out of your mortgage, we can also help you get the most out of your investment through a short sale. As a full-service real estate attorney, we are equipped with the knowledge of real estate law to guide our clients through the short sale process. Bankruptcy: Chapter 13 bankruptcy is a fantastic way to get out of arrears on your mortgage and save your home. Filing for bankruptcy will also immediately freeze the foreclosure process, giving you time to come up with a solution that works best for you. 3. Debt Negotiation Even if bankruptcy and foreclosure are not the right solutions for your circumstances, we can help you work towards negotiating your debt with your creditors. With our debt relief counseling and representation, we can create an individualized plan to match your needs and get you back on budget. Our in-depth knowledge of creditors and experience negotiating with them successfully gives you an edge. Debt negotiations can include debt settlement, repayment plans, and modifications to terms on loans and credit cards that decrease your monthly payments. 4. Credit Repair When everything is said and done, regardless of which debt mamagement solution works best for you, it is likely that you will need credit repair services. Credit repair can help you boost your credit score faster so you can enjoy more financial opportunities. Low credit can prevent you from accessing loans, housing, credit cards, and other essential financial services. No matter how low your credit score is, Veitengruber Law can help you improve your score and gain increased access to the financial benefits of good credit. Do not let the complexities of debt relief stall your progress toward financial freedom. Veitengruber Law can help you find the right path out of debt. We work closely with our clients to demystify the debt relief process and empower them to find financial peace.
A wooden house is sitting on top of a table next to stacks of coins and a calculator.
By Veitengruber Law December 5, 2024
Once the foreclosure process starts, you have a very short period to decide the best path moving forward. Regardless of whether you want to fight to keep your home or move on from an investment you can no longer afford, it is critical that you work with an experienced attorney. The legal support of a trustworthy attorney can make a significant difference in the result of your foreclosure case. An attorney can buy you the time to save your home or assess the best options for your future. Quality legal support can give you invaluable advice for a better legal and financial outcome. Veitengruber Law is an NJ bankruptcy attorney with experience in foreclosure defense. Here are some of our tips on how to keep your home when you are facing bankruptcy or foreclosure: What is foreclosure? Foreclosure is the process by which a mortgaged home is repossessed by the lender. It typically happens after a homeowner falls behind on their monthly mortgage payments. When a foreclosure is successful, the homeowner loses ownership of the property, and the lender can then sell the property to recoup any losses. The foreclosure process typically begins when your lender notifies you that your account is delinquent, and that foreclosure is possible. At this point, it is in your best interest to contact your lender and attempt to get your account current. If a solution that works for you and your lender cannot be reached, your lender will likely initiate foreclosure after the account is 120 days delinquent. NJ is a mandatory judicial foreclosure state, meaning the lender must file a lawsuit against the homeowner in court. In order to repossess a property in a judicial foreclosure state, the lender must follow all the rules surrounding foreclosure in NJ. For instance, once notified, the homeowner has 30 days to respond to the lawsuit. If the homeowner does respond, the case will go to court, and a judge will decide if a settlement can be reached, or the foreclosure will proceed. In New Jersey, there are many requirements for lenders intended to keep the homeowners informed and protect their rights as property owners. Any misstep against these requirements from the lender or mortgage company can result in the foreclosure case being rejected. An attorney can ensure you know your rights and advocate for a fair process. How can bankruptcy stop foreclosure? There are many ways to stall foreclosure or eliminate the need for foreclosure. Your lender may be willing to work with you to get your account current or change the terms of your loan to make payments more realistic for your budget. Foreclosures can be very expensive and time-consuming for lenders, who may seek to avoid going through the foreclosure process if possible. Loan modifications, debt negotiation, loss mitigation, short sale, forbearance—there are many options to consider before foreclosure. Communicate with your lender as soon as you know there is an issue, and you will likely have a better outcome. However, if you cannot reach an agreement with your lender and they are still pursuing foreclosure, bankruptcy can be a powerful tool to stall proceedings or eliminate the need for foreclosure. From the moment you file for bankruptcy, foreclosure proceedings halt. The court will issue the automatic stay order that will prevent your lender from pursuing debt collection efforts, including foreclosure. How bankruptcy can help your specific case will depend on whether you file Chapter 13 or Chapter 7, which we explore in depth below. Chapter 13 Bankruptcy Chapter 13 bankruptcy is a great way to reorganize your debts by agreeing to a court-approved repayment plan. This plan will allow you to pay off some or all of your debts over three to five years. Any unpaid mortgage arrears can be included in this repayment plan. At the end of the plan, you will be caught up on your mortgage, and foreclosure will no longer be necessary. Any unpaid debt at the end of the repayment plan will be discharged. This is a great way to get back on track financially if you can realistically afford the monthly payments agreed to in our repayment plan. Chapter 7 Bankruptcy Chapter 7 bankruptcy is the better choice if you can no longer afford your home. Chapter 7 will give you the time to stay in the house throughout your bankruptcy case without having to make mortgage payments. At the end of Chapter 7, any debt related to your mortgage will be discharged, making you no longer responsible for paying it back. The court will include your home in your bankruptcy estate and use the proceeds of the sale of your home to pay back your mortgage lender. What are bankruptcy exemptions? If you meet specific requirements, it is still possible to save your home even when you file Chapter 7 bankruptcy. Keeping your home during Chapter 7 typically involves getting current on your mortgage and proving to the court that you can continue making regular payments. There are also federal and state exemptions that can help you protect your home. You have the right to utilize either state or federal exemptions, but you cannot use both. The federal homestead exemption allows you to save up to $27,900 in equity per individual and $55,800 in equity per household. Depending on how much you still owe on your mortgage, these exemption amounts can make it unrealistic for the bankruptcy trustee to make any money to pay back creditors with the sale of your home. In this case, they will likely leave your home untouched. How will my credit score be affected? Bankruptcy and foreclosure will both negatively impact your credit score. Chapter 13 will stay on your credit report for seven years, and Chapter 7 bankruptcy will remain on your credit report for up to ten years. A foreclosure will stay on your credit report for seven years from the date of the first missed payment. These negative marks on your report can make it challenging to buy a home, get a loan, or get approved for new lines of credit. When determining which path will have the least impact on your credit report, foreclosure or bankruptcy, you should keep a few things in mind. Bankruptcy essentially starts you over at zero. Yes, your credit score will take a hit, but once bankruptcy is over, you can begin rebuilding your credit without the burden of unmanageable debt. With foreclosure, however, not only will you be dealing with the black mark of a foreclosure on your credit report, but you will also still be responsible for your other debts. For this reason, it may be easier to rebuild your credit after bankruptcy than foreclosure.  We understand how much pressure and stress folks facing foreclosure are under. With over a decade of experience helping NJ homeowners fight foreclosures, we have the knowledge and skills to help you save your home. The quicker you contact an attorney, the quicker you can get through this difficult time. Call us today for your free consultation!
A woman is sitting at a desk signing a document with a pen.
By Veitengruber Law December 5, 2024
Debt negotiation is the process of working with your lenders and creditors to reduce your monthly payments or the total payment owed. Individuals struggling with unmanageable debt often utilize debt negotiation to reduce their expenses and get back on a better financial footing. When you type "debt negotiation" into Google, you are inundated with thousands of articles and websites filled with advice, success stories, cautionary tales, and misinformation. There are also plenty of companies out there making too-good-to-be-true promises and offering their services to settle your debts—for a fee, of course. It can be challenging for the typical consumer to determine which debt negotiation options will benefit their specific circumstances. Many folks attempt to DIY their debt negotiation. This makes sense: if you're so short on financial resources that you have to negotiate your debt, you likely do not have much money to hire someone to do this on your behalf. For some folks, the DIY method will work. However, it is vital to understand when hiring a debt negotiation attorney is in your best interest.  As an experienced debt negotiation attorney in New Jersey, Veitengruber Law has helped hundreds of NJ residents escape unmanageable debt. Here are our tips for successful debt negotiation:
A man and a woman are sitting at a table looking at a piece of paper.
By Veitengruber Law November 4, 2024
Filing for bankruptcy is a huge decision. The complex nature of the bankruptcy process often means folks refrain from filing long after their debt has become unmanageable. The stigma surrounding bankruptcy causes many who would benefit from it to delay filing, often making the situation worse. Veitengruber Law is an experienced bankruptcy attorney serving the Bordentown and Burlington County area. We have assisted hundreds of clients in New Jersey file for Chapter 7 bankruptcy and successfully discharge their debts. We understand how to secure a discharge and what steps you need to take to ensure success. Here are some of our best tips for a successful Chapter 7 bankruptcy:
By Veitengruber Law November 4, 2024
Veitengruber Law has an extensive history of working with clients in New Jersey to achieve their real estate goals. Our real estate lawyer can identify potential legal issues and help you protect your investment. With a deep understanding of property laws, local ordinances, and contract law, we can offer expert guidance on the real estate process, whether you are buying or selling. While working with a real estate attorney is not a requirement for buying or selling property in NJ, investing in the expertise of a real estate attorney can help you manage complex issues with efficiency and professionalism.  Over our many years working in real estate law, we have seen similar questions over and over from clients. Here are some common questions and our knowledgeable answers:
A person is using a calculator while holding a credit card.
By Veitengruber Law November 4, 2024
Deciding whether or not to file for bankruptcy can often be stressful, emotional, or confusing. Finally deciding to file for bankruptcy can feel like a relief. But your decisions don't end when you choose to file. Your next big decision will be deciding which kind of bankruptcy is the correct option for you: Chapter 7 or Chapter 13. How do you know which kind of bankruptcy is right for you? Veitengruber Law has been working with individuals in New Jersey to file bankruptcy for over a decade. Here, we break down the differences between Chapter 7 and Chapter 13 bankruptcy.
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