NJ Foreclosure Defense
by Haghi Law LLC

Haghi Law LLC is a New Jersey law office specializing in foreclosure defense.Tel. 201-355-0054
Free consultation

Our firm is dedicated to defending homeowners from foreclosure.For a free consultation regarding your situation and what we can do for you, call us at 201-355-0054.To learn more about foreclosure defense, click the links below.

NJ Foreclosure Defense Law | 201-355-0054

Haghi Law
201-355-0054Foreclosure Defense Overview

Foreclosure Defense is Our SpecialtyDon't fight the bank alone and don't wait to actIf you are having difficulties with your mortgage payment or have received any letter from your lender regarding a mortgage default or pending foreclosure, give us a call to learn more about how we can help you. The sooner you take action with the aid of an experienced foreclosure defense lawyer, the more options will be available to you.Foreclosure defense is critical to saving your home and reducing your paymentsMost people facing foreclosure are not aware of the benefits of utilizing a foreclosure defense lawyer and how it can "level the playing field" and greatly improve a homeowner's bargaining position versus the banks. Foreclosure defense is essential for not only saving your home, but also reducing your monthly payments to an affordable level.Choose an experienced foreclosure defense attorneyHaghi Law has extensive prior experience handling foreclosure matters. We put that experience to work for our clients to stop the bank from forcing through a foreclosure and to obtain the best possible settlements.

Haghi Law
201-355-0054New Jersey Foreclosure Process

Call 201-355-0054 for a free foreclosure defense consultation.Foreclosures in New Jersey - 2024 update
In 2022, New Jersey ranked 2nd highest in the rate of foreclosure activity, according to Attom Data Solutions. Over 16,000 New Jersey households received a foreclosure notice during 2022 and Attom is forecasting foreclosure activity to rise further in 2024.Despite covid-related relief measures, there are still many loans in foreclosure and pre-foreclosure, including many cases that stalled during the pandemic that have now resumed in 2024.Furthermore, many loans which were given unsustainable modifications prior to the pandemic are now vulnerable to foreclosure as pandemic-related protections or forbearances come to an end. We have seen lenders who had paused foreclosure activities quickly shifting gears in 2023 to try and push foreclosure cases forward at greater speed once pandemic-era protections fully expire this year.As the foreclosure landscape changes in 2023, we believe it is imperative that anyone who is having difficult with making or resuming loan payments actively defend their home from the threat of foreclosure with the help of a foreclosure attorney.The Foreclosure Process in New Jersey
Call 201-355-0054 for a free foreclosure defense consultation.The foreclosure process in New Jersey typically involves the following steps. This is just a general description and in reality, there are many more steps that occur during the process.1. "Default" in making your loan payment - You miss making your mortgage payments, and often a notice of default is sent out by your bank or mortgage company.2. Notice of Intent to Foreclose - a notice that the lender is required to send out pursuant to New Jersey Law. This notice must contain certain information.3. Foreclosure Complaint is filed in court. This is a type of law suit that the lender begins after time has passed since the Notice of Intent to Foreclosure. Along with the Complaint, a Lis Pendens is filed with county clerk where the property is located.4. The Foreclosure Complaint is Served. Generally, the bank must effectuate "personal service" of the complaint, through delivery in person to you or a household member. If the bank cannot find you, they will try to use "substitute" service, such as service through publication in a newspaper. Therefore, if you did not receive a complaint in hand, it is still possible that a complaint was filed and that the foreclosure case has already begun.5. Once the Complaint is served on the homeowner (who is the "Defendant"), there is time allotted for to file an "Answer" in response.6. It is important to file an Answer and obtaining counsel to represent you prior to this will help ensure that they can assist you with filing an effective Answer.7. If no Answer is filed, Entry of Default (not the same as "Default" mentioned earlier) is made with the Court. This is what happens to the majority of foreclosure cases which are not defended.8. Next, a "Notice to Cure" is issued, giving time for the homeowner to cure the arrears. If no cure is made, an application for Final Judgement is made by the bank which sets the total amount owed.9. A Final Judgment application is submitted to the "Foreclosure Unit" in Trenton, which is a part of the court tasked with handling foreclosures. If the proofs submitted are sufficient, judgment is entered in favor of the bank and a Writ of Execution Issued. The Writ is what instructs the local county sheriff to sell the property on behalf of the bank.10. A Sheriff Sale is scheduled by the local county sheriff. Foreclosures are a source of income for the sheriff, which makes a commission from the sale.11. Sheriff Sale occurs, with either a 3rd party purchasing the property or the your bank/mortgage company taking the property back. The bank/mortgage company typically takes the house in cases where the debt owed on the mortgage is greater than the value of the house. In any case, you no longer own the home at this point.12. Eviction. After the sheriff sale is concluded, the new owner will schedule an eviction or ejectment. When the day of eviction arrives, the sheriff will physically remove the occupants and belongings from the house.

Haghi Law
201-355-0054Loan Modification

Loan modification = lower monthly payments
Call 201-355-0054 for a free loan modification consultation.Loan Modification is one of the primary tools we use in foreclosure defense. While we simultaneously fight the foreclosure in court, we will seek a loan modification for homeowners who want to keep their homes and lower their monthly mortgage payments.As many homeowners are aware, applying for a modification can be an arduous and tedious process. We have found that applications made through an attorney and under the guidance of foreclosure mediation have a higher rate of success. Our office is very experienced when it comes to modifications and getting results, even where there have been prior denials.Read below to learn more about how loan modification works and how we can help.What is a Loan Modification?A Loan Modification is a change to your mortgage which reduces your monthly mortgage payment.How does a Loan Modification work?Loan Modification reduces your monthly payment by lowering your interest rate, changing the term of your loan to a longer term, or by deferring or forgiving a portion of what is owed.Getting a Loan ModificationApplying for a loan modification can be an arduous process, with endless documents requests which often lead to denials based on "insufficient documentation" or similar reasons. After such a frustrating process, homeowners often want to give up.We can help with the process to try and ensure that your application is reviewed for any eligible programs. We can appeal denials and even try to get the bank to review for a modification after a prior denial.Modification is one of the primary means through which we can help clients resolve a foreclosure, and we recommend applying for a modification while simultaneously mounting a defense to your foreclosure action in court.Remember that modification programs are always changing and even where a modification has been denied previously, or defaulted on previously, a new modification may still be possible.Which Banks or Mortgage Lenders offer Loan Modifications?Loan Modifications are generally available from all lenders, but the qualifying criteria vary greatly so a modification is not automatic and sometimes requires a lot of effort to secure. Some lenders make the process especially difficult. We have previously helped clients obtain mortgage loan modifications from a large number of lenders and servicers including:Allied Mortgage Group
Amerisave Mortgage
Banco Popular
Bank of America (formerly Countrywide)
Caliber Home Loans
Chase Home Loans
Citimortgage (Citibank)
Citizens Bank
Columbia Bank
Crosscountry Mortgage
Ditech (formerly Greentree)
Fairway Independent Mortgage
Fay Servicing
Fannie Mae, Freddie Mac, or FHA
Fifth Third Bank
First United Bank
Flagstar Bank
Freedom Mortgage Corp.
Guaranteed Rate
Home Point Financial
Investors Bank
Jersey Mortgage Company
Kearny Bank
Lakeview Loan Servicing
LoanDepot
M&T Bank (formerly Hudson City)
Mr. Cooper (formerly Nationstar)
Newrez
New American Funding
NJ Lenders Corp.
Ocwen Home Loans
Penfed Credit
PennyMac
PHH Mortgage
Popular Bank (Banco Popular)
PNC Bank
Quicken Loans
Rocket Mortgage
Rushmore Loan Servicing
Santander Bank
Select Portfolio Servicing
Selene Finance (who often services on behalf of MGTLQ and other trusts)
Seterus
Shellpoint
Specialized Loan Servicing (SLS)
TD Bank
Wells Fargo
US Bank
UWM (United Wholesale Mortgage)
VanderbiltRules regarding Loan ModificationMortgage Lenders and Loan Servicers are required to adhere to various rules and requirements when it comes to reviewing a homeowner for a potential loan modification. Some rules are Federal and others are determined by state laws. The purpose of these rules is to try to create some uniformity and fairness in the modification review process.Despite these rules, lenders and servicer sometimes fail to follow them and they can be liable for failing to do so under Federal Regulation X or Regulation Z.Some of the requirements that lenders are obligated to follow include:-Must issue a decision within 30 business days of receipt of a "complete" application.In reality, modification applications typically take much longer than 30 days. Often times, servicers try to impede an application becoming "complete" by constantly requiring additional documents. This can result in a modification review taking many months. It is important to stay vigilant during this process and not give up.-Must contact the borrower and indicate if there are any missing documents or additional documents needed before a decision is made.Again, this is a common avenue by which the application process can be prolonged and frustrated, as often times the bank will claims that a homeowner failed to provided a needed document, when in reality, they had never communicated the request for the missing and/or additional documents. This is one reason it is very helpful to have an attorney manage or handle the modification application.-Must review for a modification or other loss mitigation option if there are at least 37 days to do so.The 37 day requirement is something the banks often use as an excuse to not review for a modification. The best way to avoid this issue is get started on a modification earlier and not wait until the last minute before a sheriff sale. However, where there are time limitations restricting this timeframe, our attorneys have previously successfully gotten applications under review despite this rule, either through working with the servicer, their attorneys, or through making an emergent application to the Court.Contact us to get more information on how we can help you apply for a loan modification.

Haghi Law
201-355-0054About Us

Haghi Law LLC was started by attorney Zubin Haghi with a specific focus on representing New Jersey homeowners facing foreclosure or other difficulties with their lenders.Mr. Haghi is experienced in real estate matters, business, and finance, as well as the intricacies of foreclosures. Following law school, Mr. Haghi served as a Law Clerk in the Chancery Division of the Superior Court of New Jersey, the court where foreclosure matters are decided. Mr. Haghi has also represented many large lenders in foreclosure matters, giving him great insight as to how to approach foreclosure defense from all angles.In addition, Mr. Haghi is proud to have served as a member of the Zoning Board of Adjustment for the Township of Cedar Grove for many years.Having seen every aspect of creditor-debtor disputes, including a tremendous number of foreclosures, Mr. Haghi understands the issues faced by homeowners and the paths to success. Helping homeowners and business owners overcome these obstacles and succeed is a source of great satisfaction to him.Education:
-B.S. Applied Economics and Management, Cornell University, 2003
-J.D. Rutgers University School of Law - Newark, 2011Admissions:
-State Bar of New Jersey, 2011
-U.S. District Court of New Jersey, 2012

Haghi Law
201-355-0054Testimonials

Client Testimonials
Helped me immediately with my foreclosure case
5.0 stars
Posted by Anonymous
I found Haghi Law online and contacted Mr. Haghi about my foreclosure matter which was already scheduled for sheriff sale. It was truly a scary time for me and Mr. Haghi provided reassurance that we would find a solution even though it was very last minute. He began working on my case immediately and long story short, Haghi Law was able to get the bank to offer me an affordable loan modification. I could not have done it without them. If you have any issue like mine, I highly recommend Haghi Law.Haghi Law helped me modifiy my loan and reduce my payments by a lot
5.0 stars
Posted by S.
During covid, I was unable to pay my mortgage like so many other people. My lender was being very difficult and not offering to help. At the suggestion of a friend, I contacted Mr. Haghi for assistance. As soon as he got involved, the bank changed its tune and in a few months, Mr. Haghi helped me secure an extremely affordable loan modification which reduced my interest rate by several percentage points! I was so happy to get my situation resolved and I cannot recommend him enough.Literally saved my home from foreclosure
5.0 stars
Posted by Michael
Mr. Haghi represented me in a foreclosure matter which went down to the wire because my bank was being extremely difficult and unwilling to negotiate. Mr. Haghi was able to delay the sale of my property and eventually negotiate with the bank to offer me an affordable loan modification which I accepted. Since then, properties values have gone up and I would not be able to afford a home had mine not been saved. Thank you Mr. Haghi.He got me an affordable loan modification
5.0 stars
Posted by Alex
Mr. Haghi has been a huge help to my family. He successfully protected us from foreclosure and obtained an affordable loan modification for me. I am very thankful to have found him and would recommend him to anyone.Helped me with several properties.
5.0 stars
Posted by Timothy
I have worked with Haghi Law to help me reduce loan payments on multiple properties. Zubin is great to work with, knowledgeable and always willing to give honest and valuable guidance. I have worked with other attorneys in the past and Mr. Haghi is truly exceptional!Professional and expert services.
5.0 stars
Posted by Angela
Attorney Haghi offered professional and expert services. He assisted me with my home loan modification. I had an excetional experience workign with Mr. Haghi. I highly recommend him for all relative legal services. He is knowledgable and competent in his field.Kind, patient, and experienced
5.0 stars
Posted by Naomi H.
A family member of mine was the victim of a predatory loan. I found Mr. Haghi online and spoke with him literally minutes later. Within days he filed an answer to the foreclosure and the pressure off my family. The calls and letters stopped and we felt some much needed relief after months and months of stress and phone calls and letters. Mr. Haghi is very kind, patient and experienced. We highly recommend him!Great lawyer.
5.0 stars
Posted by Nick
I was very happy with his services and would recommend him to all my friends and family to use him. If you need a laywer to help you and get the job done right Mr. Haghi is the lawyer to use.Great experience.
5.0 stars
Posted by Jeff W.
Mr. Haghi helped me deal with a very difficult bank and was able to negotiate a change in my loan terms making my payment much lower and affordable. Before he was involved, I was given the "runaround" and going nowhere. Once Mr. Haghi got involved, things immediately changed for the positive.The realest and most down-to-Earth lawyer ever
5.0 stars
Posted by Rosalynne
Zubin was my attorney and contact for quite a few years. I know I had to be a bother constantly reaching out him, but he always took my call, called me back, responded to my emails, answered all my questions. There's such a relief knowing that someone is in your corner and fighting for you. The stress I was able to not deal with because I knew Zubin was handling it. My foreclosure, modification, mediation took years and was tossed...Closing attorney
5.0 stars
Posted by anonymous
Mr. Haghi represented us at our closing and had been working with to resolve our ongoing dispute with our financial institution. Mr. Haghi was very professional and supportive in ensuring our closing went smoothly which it did and we are extremely grateful for his efforts.Wonderful Attorney
5.0 stars
Posted by Melanie
After fighting with our mortgage company on our own for a few years to try to get a modification after some troubling financial times, they sued us for foreclosure....Mr. Zubin Haghi was designated our primary attorney. He was wonderful! Mr. Haghi was always reachable, always there for our questions and concerns (even late on a weekend!) and stayed on top of our foreclosure...After frustration dealing with the bank on my own, they were able to stop the foreclosure and get me a loan mod in 3 months!
5.0 stars
Posted by Ron
I never thought I would have faced the possibility of losing my family's home. However, after unexpected medical costs, that's where I was. From 2010 to early 2016, I engaged in many efforts to try to get my loan modified, without success. My bank would not review my loan modification applications, would request duplicate documents over and over, would claim they never received documents, and would give denials without any explanation...Great job.
5.0 stars
Posted by April
He helped me take care of my issue and saved me about $20,000 over what I expected to pay. He was responsive and helpful and pleasant to work with. Highly recommend.Saved my home and got me a $122,000 principal reduction on my loan!
5.0 stars
Posted by James
As a practicing attorney myself, I know that not all lawyers are alike! My multi-family home was badly under water and I was able to get me an outstanding loan modification which included much lower monthly payments and a $122,000 principal reduction! …Foreclosure Litigation and Short Sale Success
5.0 stars
Posted by Ellen
I never thought that one day I would be in a Foreclosure, in a nightmare and no where to turn..... Kudos to especially Zubin Haghi who spent many months, endless phone calls and emails to help me get to a positive conclusion to a very difficult situation....Now I can rest easy and enjoy the New Year ahead........dreams do come true!

Haghi Law
201-355-0054Bankruptcy and Foreclosure

There are situations where filing for bankruptcy may be the best option.
Often times, however, a bankruptcy can be avoided through other foreclosure defense strategies.What is a Bankruptcy?A Bankruptcy generally removes your personal liability for most types of debt. Bankruptcy historically was intended for use where one was insolvent, meaning that their debts were greater than their assets.Bankruptcy when in foreclosure?While homeowners may not realize this, if you are in foreclosure, chances are that your are insolvent due to sheer magnitude of the debt owed on most mortgages, particularly where real estate prices have either fallen or not risen.Types of BankruptcyBankruptcies are not all the same. To begin with, there are three common variants: Chapter 7, Chapter 13, and Chapter 11. Each type of bankruptcy has certain features and it is critical to select the correct Chapter to file under, depending on your particular circumstances. Read below to learn about the benefits and features of each of these types of bankruptcy.Chapter 7 Bankruptcy: the basicsChapter 7 - This type of bankruptcy is essentially a liquidation. Under a Chapter 7, you include all your debts in a petition, and once they are discharged, you will not be personally liable for them any longer.Most debts are dischargeable although there are exceptions, such as student loans which are in most cases not dischargeable. For a foreclosure, a Chapter 7 provides a couple things:First, it will impose an automatic freeze on the foreclosure process. Second, it will absolve you of personal liability for the mortgage debt.This means you wont be personally responsible for any amounts owed to the bank. Importantly, the Chapter 7 will not stop the bank from eventually resuming the foreclosure and selling the property at sheriff sale to attempt to satisfy their debt. A Chapter 7 is the most inexpensive type of bankruptcy to file as well.Chapter 7 Bankruptcy provides immediate relief from debt collectorsFiling a Chapter 7 Bankruptcy provides immediate relief from bill collectors by stopping any collection activity. When the case is filed, an immediate freeze is placed on any collection activities. This freeze is typically in effect for 90 days. If a creditor tries to take collection action against you during this freeze, they must reverse any action they take and can be liable for penalties.What is the goal of a Chapter 7 Bankruptcy?Chapter 7 is intended to give you a fresh start or a "clean slate" by eliminating your debts. In a successful Chapter 7 case, all eligible debts become "discharged", meaning you are no longer liable for them. As a result, financial recovery becomes possible.Can anyone file for a Chapter 7 Bankruptcy?While anyone can file for Chapter 7 Bankruptcy, not everyone qualifies to receive a discharge. If you do not qualify, your case can be dismissed without a discharge or can be converted to a Chapter 13 bankruptcy. If your income is below the median for your state and family size, there is no "presumption of abuse" and you qualify. Even if your income is above the median, there are ways to rebut the presumption of abuse and qualify. This entails a detailed look at your financial situation to determine if you have eligible expenses.Which debts are dischargeable in a Chapter 7 Bankruptcy?Most debts are dischargeable in a Chapter 7 Bankruptcy, especially the most common types of debt such as credit cards. There are exceptions however, such as student loans which are in most cases not dischargeable. Personal liability for home loans or car loans is dischargeable, but your creditors can still pursue their collateral, unless a reaffirmation agreement is entered into.How does a Chapter 7 Bankruptcy affect a foreclosure?While a Chapter 7 can temporarily freeze a foreclosure which is in process and eliminate your personal liability for mortgage debt, it cannot ultimately save your home, unless other steps are taken, such as applying for (and obtaining) a loan modification. We have seen many cases where clients who were in foreclosure were improperly advised to file a Chapter 7 at the wrong time. It is very important for your attorney to truly understand the foreclosure process and work with you to develop a customized game plan with respect to the timing of bankruptcy filing and other foreclosure defense tactics in conjunction with one another.What are the steps in a Chapter 7 Bankruptcy?Preparation for Chapter 7:The filing of a Chapter 7 case involves preparation with your attorney using financial information and documents (paystubs, bills, bank statements, etc.) so that the document which begins your case (called a petition) can be filed with the court. Part of this preparation involves taking an online credit counseling course which must be done prior to the filing of your petition. We recommend using Allen Credit & Debt Counseling Agency to complete the brief online course. The cost is only about $20.Filing of Chapter 7 Petition:Once your Petition is filed, a trustee is appointed who is tasked with determining if there are any assets available which can be sold to satisfy your creditors. In the majority of cases this is not the case, especially due to the fact that many exemptions exist to protect basic assets, however it is important to thoroughly review your assets before the filing to determine if the Trustee could potentially sell some of the assets once a case is filed.Providing Documents to the Trustee:The Trustee will require various documents to be submitted shortly following the filing of the petition. These documents typically include last 2 filed tax returns, proof of income, and information about major assets like your home (property value and any mortgage statements). If documents are not available, explanations can be provided.Meeting of Creditors:Approximately a month after filing, you will need to attend a meeting of creditors. This "meeting" usually does not involve creditors at all. Rather, it is a brief (under 10 minutes typically) interview with the Trustee, given under oath. The Trustee asks you questions regarding the petition and is looking to determine if the information provided is accurate.Critically, you MUST bring your drivers license (or passport) as proof of identity and you MUST also bring proof of your social security number (card or other proof) to the meeting of creditors.In New Jersey, the meeting of creditors can be held in one of several locations. For most North Jersey cases, the meeting is held in Newark at One Newark Center, Suite 1401, Newark, NJ 07102. Directions to all the locations can be found here: http://www.njb.uscourts.gov/court-info/directions-first-creditor-meeting. The Newark location is in an office building and upon arrival you will see many other individuals and attorneys waiting for their turn to speak with the Trustee.Second Credit Counseling Course:You need to complete a second credit counseling course following the meeting of creditors. This can be done through the same provider given above.Order Granting Discharge and Moving Forward:Barring any unusual issues or problems, you will be granted a discharge of your debts. You are no longer liable for discharged debts.Chapter 13 BankruptcyChapter 13 - This type of bankruptcy is designed to give the filer time to catch up on payments owed. Generally, a Chapter 13 allows for a debtor to take arrears and divide them into 60 payments which are payable over 5 years.Depending on how much is owed and how much the house worth, a Chapter 13 can be a good option for the right homeowner. We frequently see Chapter 13 bankruptcies filed where they are of little benefit due to misunderstanding about how they work. While Chapter 13 Bankruptcy provides an immediate avenue to restructures your debts, it is important to assess whether it is worth restructuing them in the first place.What is the goal of a Chapter 13 Bankruptcy?Chapter 13 is intended to give you the chance (and the necessary time) to restructure and repay your debts.Can anyone file for a Chapter 13 Bankruptcy?While anyone can file for Chapter 13 Bankruptcy, not everyone qualifies to have a proposed plan confirmed. If you do not qualify, your case can be dismissed without a discharge or can be converted to a Chapter 7 bankruptcy. If your income is above the cutoff for Chapter 7 , then you will likely need to file under Chapter 13.How does a Chapter 13 Bankruptcy affect a foreclosure?Many homeowners have been turned down for a loan modification or simply cannot catch up on mortgage payments after a temporary hardship has been resolved. A Chapter 13 bankruptcy, by allowing you to proposed a repayment plan, can act similarly to a loan modification and stop a foreclosure permanently. By breaking arrears up into 60 payments, it affords you the chance to finally catch up and eliminate the danger of a foreclosure. Whether a Chapter 13 makes sense for a homeowner depends on many factors. It is very important for your attorney to truly understand the foreclosure process and work with you to develop a plan that can work for you.What are the steps in a Chapter 13 Bankruptcy?PreparationFiling of PetitionPlan Proposal and Beginning of PaymentsConfirmationMaking Payments as Called for by Your PlanChapter 11 BankruptcyChapter 11 - Perhaps the most famous type of bankruptcy due it being the one major corporations often resort to in tough times, the Chapter 11 is for "restructuring" debt. Although thought of as a corporate remedy, Chapter 11 options can be available to homeowners in certain circumstances, such as for rental properties, or properties where business activity is conducted. Although a Chapter 11 is the most complex and costly type of bankruptcy to pursue, it is the only one where a radical restructuring of a loan is possible.We have experience with all of the above and can help you determine if bankruptcy is right for your situation, and if so, which type of bankruptcy would work best.Each type of bankruptcy has certain features and it is critical to select the correct Chapter to file under, depending on your particular circumstances.Please contact us for more information regarding bankruptcy options.

Haghi Law
201-355-0054Contact Us

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