Short Sale/ Deed In Lieu

Many individuals in the northern New Jersey area are facing serious problems regarding the ownership of a home purchased during the sub-prime mortgage boom. No one really understood how terrible the result of this type of mortgage could be. Sadly, many families in the Bergen, Hudson and Passaic County area have already lost their homes as they did not take immediate action and contact a New Jersey Bankruptcy lawyer to assist them in resolving the issue. Many debtors believe that participating in a short sale or signing over a deed in lieu of foreclosure will forever wipe out any mortgage debt. However, we have seen in many cases that lenders are coming after these debtors for the "deficiency" and many times are suing debtors to collect the deficiency.

A short sale is essentially the opportunity to sell your home for an amount that is less than the mortgaged amount. This can be a viable option for some individuals, but in other cases, it is too far past the point where a short sale can be achieved before foreclosure. In these cases, it may be necessary to file a bankruptcy filing to halt the proceedings on the foreclosure in order to have time to resolve the issue and not end up out on the street. Each case is unique, and it is critical that you get knowledgeable legal advice and are steered in the right direction, depending on your circumstances.

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What is a deed in lieu?

A deed in lieu is another option that is available to some individuals. This is when the property is signed over to the bank and the individual no longer has to deal with the main mortgage securing the property. However, many debtors have mortgaged their property with two mortgages. It is typical for many northern New Jersey homeowners to have financed their homes with and 80/20 type of mortgage situation. This is where one mortgage secures 80% of the home and another mortgage secures the other 20% percent of the home. These debtors usually purchased the home with no down payment and 100% financing. Signing over a deed in lieu of foreclosure may in some cases resolve the problems with the larger mortgage; however, the smaller mortgage is still owed to the lender (usually a different lender). These matters are emotional and extremely upsetting, and the northern New Jersey bankruptcy law firm of Rafael Gomez understands that you need help, and you need it now. Your questions will be answered confidentially and you will understand your actual options, and can avoid scam artists that are preying on those who are suffering financial stress.