Frequently Asked Questions

Foreclosure FAQs

Yes, foreclosures can be stopped or delayed through several methods. Homeowners can work with their lender for a loan modification or pursue a repayment plan. Filing for bankruptcy can temporarily halt the foreclosure process through an automatic stay. Additionally, some states, including New Jersey, offer foreclosure mediation programs to help homeowners avoid foreclosure.

A foreclosure occurs when a homeowner fails to make mortgage payments, leading the lender to take legal action to recover the property. The process involves several steps: pre-foreclosure, notice of default, foreclosure sale, and potentially the auctioning of the property. In New Jersey, lenders must go through the court system, making it a judicial foreclosure state.

Pre-foreclosure is the initial stage of the foreclosure process when the homeowner is behind on payments, but the lender has not yet officially started foreclosure proceedings. During this period, the homeowner may still have time to negotiate with the lender or sell the property. Foreclosure occurs when the lender takes legal steps to repossess the property.

Yes, a foreclosure has a significant negative impact on your credit score and can remain on your credit report for up to seven years. The drop in score can make it difficult to qualify for new loans or credit.

Both foreclosure and bankruptcy negatively impact credit, but Chapter 13 bankruptcy allows you to reorganize debts and potentially keep your home if you can catch up on payments. Foreclosure leads to the loss of your home and a long-term negative credit impact, while Chapter 13 gives you a chance to regain financial stability.

Yes, foreclosure prices can sometimes be negotiated, particularly if the homeowner is in pre-foreclosure and working with the lender to settle the debt. However, once the property reaches auction, there is less room for negotiation.

In New Jersey, foreclosure is a judicial process, meaning it goes through the courts and can take anywhere from 6 months to several years, depending on the backlog of cases and any delays from mediation programs or other interventions.

Yes, foreclosure can be postponed through loan modifications, bankruptcy filings, or by requesting a temporary delay through court intervention or foreclosure mediation programs.

Yes, homeowners can sell their home during pre-foreclosure or even after foreclosure proceedings have begun, as long as the sale is completed before the foreclosure auction. This is often referred to as a short sale if the home is sold for less than what is owed on the mortgage, with the lender’s approval.

Mortgage FAQs

Yes, late mortgage payments are reported to credit bureaus and can negatively impact your credit score, especially if payments are 30 days or more late.

Yes, if mortgage payments are late for an extended period, typically 90 days or more, the lender may initiate foreclosure proceedings, which can result in the loss of your home.

While most lenders do not forgive late mortgage payments, they may offer forbearance or loan modifications, allowing you to make up missed payments or temporarily reduce payment amounts.

Typically, after 90 days of missed payments, the lender can begin the foreclosure process. However, many lenders will first issue a notice of default and may offer repayment plans before officially starting foreclosure.

A short sale occurs when a homeowner sells their property for less than the amount owed on the mortgage, with the lender’s approval. This is often done to avoid foreclosure, and while it negatively affects credit, it may not be as damaging as a full foreclosure.

Rental Assistance & Eviction FAQs

Yes, rental assistance programs can help prevent eviction by covering overdue rent, but the timing of the assistance and cooperation of the landlord is key. In New Jersey, tenants can also apply for emergency rental assistance through state programs.

Typically, tenants can face eviction for being just one month behind on rent, depending on the lease agreement and state laws. In New Jersey, the eviction process generally begins after the landlord issues a notice to quit for unpaid rent.

Yes, if you pay your overdue rent before the court-ordered eviction takes place, you may be able to stop the eviction process. This is known as “curing the default.” In some cases, rental assistance programs can also help tenants catch up on rent and avoid eviction.

Yes, in New Jersey and federally, several emergency rental assistance programs are available for those facing financial hardship due to job loss. These programs help cover back rent, utilities, and, in some cases, future rent.

New Jersey does not have specific winter eviction protections for most tenants, but rent control laws and public housing programs may have additional protections. However, landlords must follow all legal steps for eviction, including obtaining a court order.