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Showing posts with label FORECLOSURE. Show all posts
Showing posts with label FORECLOSURE. Show all posts
Friday, December 11, 2020
MORTGAGE ARTICLE - BANKRUPTCY LAWYER IN HACKENSACK NJ (201) 646-3333
MORTGAGE ARTICLE
v.
GINA GENELLO and FRANK GENELLO, Defendants-Appellants, and
PALISADE COLLECTION, Defendant.
No. A-1297-16T2.
Superior Court of New Jersey, Appellate Division.
Submitted March 13, 2018.
Decided June 1, 2018.
On appeal from Superior Court of New Jersey, Chancery Division, Essex County, Docket No. F-045130-08.
Dunne, Dunne & Cohen, LLC, attorneys for appellants (Frederick R. Dunne, III, of counsel and on the brief).
Knuckles Komosinski & Manfro, LLP, attorneys for respondent (John E. Brigandi, on the brief).
Before Judges Hoffman and Gilson.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
Dunne, Dunne & Cohen, LLC, attorneys for appellants (Frederick R. Dunne, III, of counsel and on the brief).
Knuckles Komosinski & Manfro, LLP, attorneys for respondent (John E. Brigandi, on the brief).
Before Judges Hoffman and Gilson.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
My name is Nelson Rosado and my lawyer Rafael Gomez represented me today in court and saved my license. I was basically 19 points and he reduced it to 4 points so I thank you very much and I recommend you guys to get him as your lawyer. Thanks
Defendants Gina and Frank Genello (defendants) appeal from an October 21, 2016 Chancery Division order denying their motion to vacate the sheriff's sale of their home, which occurred on September 13, 2016. Because they did not receive notice of the adjourned date of the sheriff's sale, defendants argue the trial court decision constituted an abuse of discretion and resulted in "a miscarriage of justice." We affirm.
On May 31, 2007, Gina Genello executed a promissory note to plaintiff Emigrant Mortgage Company (Emigrant) for $383,500, and defendants secured the loan with a non-purchase money mortgage on their home in West Caldwell. Beginning in June 2008, defendants stopped making their monthly payments under the note and mortgage. Emigrant filed a foreclosure action on November 13, 2008, after defendants failed to cure their default. Defendants filed an answer and counterclaim.
On September 16, 2010, the parties entered into a forbearance agreement, whereby defendants withdrew their answer and counterclaim with prejudice, allowing the foreclosure to proceed uncontested in exchange for a six-month stay of the foreclosure proceedings. The agreement provided for an additional three-month stay if defendants found a buyer for their home. The agreement did not require defendants to make regular monthly payments, only monthly escrow payments. Thereafter, the court dismissed the case, assuming it had settled.
Emigrant then filed a motion to restore the action. Defendants opposed the motion, which the court granted on March 21, 2016, but on the condition that Emigrant not seek default interest when it applied for final judgment.
On December 4, 2014, Emigrant filed a motion for final judgment. On July 22, 2015, the court entered final judgment against defendants for $673,220.99 and ordered the sale of the property. Defendants filed a motion for reconsideration, which the court denied on August 7, 2015. Defendants appealed from the final judgment and order denying reconsideration, and we affirmed. Emigrant Mortg. Co. v. Genello, No. A-0292-15 (App. Div. Dec. 2, 2016).
On May 26, 2014, Emigrant sent correspondence to defendants advising of the sheriff's sale date. Defendants requested two adjournments pursuant to N.J.S.A. 2A:17-36, which postponed the sale until July 5, 2016. On that date, defendants filed a Chapter 7 bankruptcy petition, resulting in another postponement of the sheriff's sale. A lack of supporting documentation lead to the dismissal of defendants' bankruptcy proceeding, and the rescheduling of the sheriff's sale for September 13, 2016. Emigrant did not notify defendants of the new sale date.
On September 13, 2016, Emigrant purchased the property at the sheriff's sale for $100. Upon learning of the sale, defendants filed a motion to vacate the sale on September 22, 2016, arguing the sale was unfair and prejudicial absent further notice by Emigrant. The judge denied defendants' motion but extended their redemption period to November 1, 2016. Defendants now appeal on the same grounds.
On appeal, defendants seek reversal of the order denying their motion to vacate the sheriff's sale, arguing that our decision in First Mutual Corp. v. Samojeden, 214 N.J. Super. 122 (App. Div. 1986) requires this result. In Samojeden, we held that our court rules, "as a matter of fundamental fairness[,] . . . must be construed as entitling interested parties to actual knowledge of the adjourned date upon which the sale actually takes place." Id. at 123.
We review the trial court's denial of defendants' motion to vacate the sheriff's sale under an abuse of discretion standard. U.S. Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449, 467 (2012). The Court finds an abuse of discretion when a decision is "made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis." Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007) (quoting Flagg v. Essex Cty. Prosecutor, 171 N.J. 561, 571 (2002)).
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We recognize that a court of equity may set aside a sale and provide the defendant with notice of another sheriff's sale. First Trust Nat'l Ass'n v. Merola, 319 N.J. Super. 44, 49 (App. Div. 1999). "The general rule is that when insufficient notice of a sheriff's sale is given, the preferred remedy is that which restores the status quo ante to the greatest extent possible." New Brunswick Sav. Bank v. Markouski, 123 N.J. 402, 425 (1991). The court may void the sale if the party promptly seeks relief, was unaware of the pending sale, and no innocent third parties would be prejudiced. Ibid. (citation omitted).
However, the remedy to void the sale requires "some evidence of actual prejudice to an interested party." G.E. Capital Mortg. Servs., Inc. v. Marilao, 352 N.J. Super. 274, 283 (App. Div. 2002). The power to void the sale is "discretionary and must be based on considerations of equity and justice." First Trust Nat'l Ass'n, 319 N.J. Super. at 49. We defer to that exercise of discretion, absent a mistake of law or an abuse of discretion. Ibid.
Independent of statutes or court rules, the court may grant equitable relief to set aside a sheriff's sale or to order redemption when irregularities occur in the conduct of the sale, such as fraud, accident, mistake or surprise. Orange Land Co. v. Bender, 96 N.J. Super. 158, 164 (App. Div. 1967). While we held in Samojeden that fundamental fairness entitles all "interested parties to actual knowledge of the adjourned date upon which the sale actually takes place," we did not hold that the absence of such notice requires the court to vacate the sale in every case. 214 N.J. Super. at 123.
Here, the trial court carefully exercised its discretion by crafting a remedy of extending the redemption period by ten days rather than vacating the sheriff's sale. The court balanced the equities of the parties, noting the lengthy history of this matter, where defendants had not made any mortgage payments in over eight years, while Emigrant "paid the taxes . . . paid the insurance," without "access to the collateral" securing its mortgage loan. In addition, the court noted, "There's no . . . evidence to indicate . . . there was going to be a purchase at the sale or [that] some modification . . . was underway." The court further noted that defendants were effectively on notice that the sheriff's sale would be rescheduled after the bankruptcy court dismissed their petition. In essence, the court found that Emigrant's failure to provide formal notice did not prejudice defendants. Indeed, the court gave defendants ten days to redeem the property, but they failed to make the redemption. On this record, we find no abuse of discretion in the trial court's decision.
Affirmed.
Monday, November 9, 2020
MYTHS ABOUT BANKRUPTCY - BANKRUPTCY ATTORNEY IN HACKENSACK NJ (201) 646-3333
MYTHS ABOUT BANKRUPTCY
There are many misconceptions regarding bankruptcy that affect a person's decisions on whether they should file for bankruptcy protection or not. When considering bankruptcy, it is best to obtain advice from a professional New Jersey bankruptcy lawyer like Rafael Gomez who has the legal expertise to answer all your questions.
At the Law Office of Rafael Gomez, we have the knowledge you will need to fully discuss your options when it comes to dealing with your debt and finding out if bankruptcy is right for you. There are common myths abounding, which we will answer for you briefly.
All my debts can be eliminated with bankruptcy.
Although you can discharge quite a few types of debt, certain ones such as child support, alimony, taxes and student loans are still owed and cannot be discharged through any type of bankruptcy.
My credit will be ruined for 10 years.
Although a bankruptcy will appear on your credit history for 10 years, your credit rating will begin to improve as time goes by and you re-establish your credit. Your credit was probably already affected considerably if you had late payments or any wage garnishments or lawsuits.
Bankruptcy is hard to get through and qualify for.
When you have an experienced bankruptcy lawyer like Rafael Gomez working with you, the most difficult part of it will be in making your own personal decision as to whether to file or not. Your attorney will help you with determining which filing is right for you and will take care of all the legal paperwork.
My name is Stephanie Rosado, my family and I have been using Mr Gomez as our attorney for a really long time, he's been very useful and he can help you too. So give him a call now.
I will lose everything I own.
Most bankruptcies do not affect your being able to keep all of your assets. Many assets are protected by bankruptcy exemption laws. In fact, the majority of people who file for bankruptcy give up none of their assets.
I will not be able to get credit again.
Not so. Although you will pay higher interest rates for a time, you will begin getting credit offers shortly after your filing.
My employer will be notified when I file for bankruptcy.
When a person files for bankruptcy, he or she does not need to send a notification to his or her employer. Although bankruptcy cases are public records, it is unlikely that anyone will find out unless you tell them, or unless you are a celebrity or prominent businessperson of some kind (in which case the press may publish information about a bankruptcy case.)
If I file for bankruptcy I will never be able to buy a home or a car.
Most debtors are definitely able to purchase a home or a vehicle even after filing for bankruptcy. It usually takes approximately 2 years until you may purchase a home, and less time for an automobile purchase or for credit card offers.
I will lose my house and my car if I file for bankruptcy.
Although Chapter 7 is associated with a “liquidation” of assets, this does not necessarily mean that you will lose everything, including your house and your car. These are protected to a certain degree in the bankruptcy process, and an attorney can help explain this in more detail as it may apply to your particular case. Chapter 13 bankruptcy provides even more protection to assets, as it is a reorganization of debt.
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with a bunch of tickets from the state and he won. He dismissed most of my tickets and I paid little to no money.
Don't fall for bankruptcy myths. Get the truth by contacting New Jersey Bankruptcy lawyer Rafael Gomez. He has helped debtors living in Bergen, Hudson and Passaic Counties in Northern New Jersey for many years.
Thursday, October 29, 2020
BANKRUPTCY MISTAKES - BANKRUPTCY LAWYER IN HACKENSACK NJ (201) 646-3333
BANKRUPTCY MISTAKES
Do not make these mistakes. They can cause your case to be delayed and even cause the judge to deny your discharge.
1. Don’t Pay Back Loans To Relatives Or Business Associates Before Filing Bankruptcy.
People who are thinking of filing for bankruptcy often feel the desire to pay back loans to friends and family before filing the petition. This is understandable, but it is a big mistake. Under bankruptcy law all creditors who are in the same position must be treated equally. Bankruptcy law views your debt to Uncle Bob as just like your debt to Capital One Visa. You can’t pay Uncle Bob first. If certain creditors are paid ahead of others this is called a “preference.” If a preference occurs the bankruptcy trustee can get a court order forcing Uncle Bob to return the money. This is not good for family harmony.
Even worse than a “preference” is a “fraudulent transfer.” If the court finds that money was paid to a relative in a deliberate attempt to hide assets, this can be found to be a fraudulent transfer. This can result in the complete denial of your discharge, and possibly even criminal charges. This is a very serious matter. If you try and hide things from the court you could end up going to jail.
2. Don’t Transfer Property Out Of Your Name.
Do not transfer ownership of valuable items to family members or others just before filing bankruptcy. If this is discovered the bankruptcy trustee will seek to reclaim this property and sell it for the benefit of creditors. Such transfers of title are frequently unnecessary anyway, because bankruptcy law often provides protection for your home, car, and other valuable items. As with everything in bankruptcy, the key is to be fully honest, disclose everything, and put your cards on the table.
3. Don’t Drain Your 401k To Try And “Catch Up” On Your Debts.
Most retirement funds are protected in bankruptcy. You will ordinarily be able to wipe out all your debts and still keep your retirement accounts. It is not a good strategy to withdraw money from those accounts and use it to try and catch up on bills that you can’t pay. Most of the time bankruptcy is still required anyway even after you spend the money from the 401k, and then you will have the same bankruptcy but your retirement account will be gone. Don’t make this common mistake.
4. Don’t Wait To File Bankruptcy Until After A Foreclosure Or Repossession.
People often struggle for years under an impossible debt load until they are forced to take action due to a foreclosure or repossession. But this is a wasteful and painful road to travel when your debts are too heavy to carry. If bankruptcy is going to be necessary, it is almost always better to file it sooner rather than later. There is no benefit to be had by spending thousands of dollars and suffering tremendous stress and anxiety chasing after debts that can never be paid. Under U.S. law you have a right to a second chance and fresh start through bankruptcy. Your family will thank you if you get the information you need as soon as possible. Don’t wait until you are faced with an emergency.
5. On The Other Hand, Don’t Rush Into Bankruptcy When It Is Better To Wait.
Although it is usually better to file bankruptcy at the earliest time, in some situations it can be just as important not to file too soon. For example, if you are pregnant or you can see that certain medical bills are likely to arise in the near future, then it is probably best to hold off on filing. It makes no sense to discharge your credit card debts in bankruptcy and then immediately face crushing and unaffordable long term medical bills.
Remember, you can only file chapter 7 once every eight years.
Another reason to wait before you file is if you are expecting an inheritance or large tax refund. Under bankruptcy law a tax refund is treated like cash and depending on your state exemptions you may not be able to keep it. If you are expecting to receive cash of this nature it might be better to hold off on filing until after you receive the money. You can then use this money to pay down non-dischargeable debts like student loans and child support arrears. That way when the bankruptcy process is complete you will be left with a lighter burden as you move forward.
The point here is that sometimes in bankruptcy, timing is everything. There is nothing improper about using the time factor to your advantage within the boundaries of what is legal under the Bankruptcy Code. People do this all the time in relation to tax matters and no one considers it to be improper. You should check with your bankruptcy attorney to get advice on timing under the particular circumstances of your case.
6. Don’t Use Credit Cards Or Take Cash Advances Right Before Filing.
Once you have seriously considered bankruptcy as an option you should immediately stop the use of all credit cards. Bankruptcy law does not allow you to run up credit card charges that you know you will not be able to repay. Credit card use in the months before filing bankruptcy can result in a denial of discharge for some or all of your debts. It can even result in criminal charges.
7. Don’t Disregard Pending Lawsuits.
Sometimes people assume that if they’re planning to file bankruptcy, they don’t have to respond to or appear in court for pending lawsuits. This is not true. If lawsuits are allowed to continue before the bankruptcy is filed, this can result in liens against your property. After the petition is filed you will be protected by the “automatic stay,” but until that time be sure not to ignore legal actions take against you.
8. Don’t Keep A Large Amount Of Money In Your Bank Account On The Day You File For Bankruptcy.
If you have more than a minimal amount of money in your bank accounts on the day you file for bankruptcy, the trustee may take it and distribute it to creditors. You should time your bankruptcy filing so that the lowest amount possible is in your bank account the day (and hour) that you file. Keep in mind that you cannot simply withdraw the cash to reduce your account. Rather, you must empty your account, as much as possible, by using it up paying normal living expenses and non-dischargeable debts.
As a related matter, it is a good idea to move your bank account if you have your account with the same bank that issued your loans or credit cards. Once you file bankruptcy that bank has the right to “setoff.” This means that the bank can take the money in your account to cover your loans on the day you file. Therefore, if the bank is your creditor you should move your money to a different bank before filing.
9. Don’t Fail To Attend Your Hearing(s).
In most cases, you must attend just one bankruptcy hearing in a chapter 7, and two in a chapter 13. If you don’t attend these hearings, the court could dismiss your bankruptcy. This would mean that you would lose any legal protection you had from the bankruptcy and you would go back to the same position you were in before filing.
10. Don’t Withhold Information From Your Lawyer.
No one likes to reveal the details of their finances, especially when dealing with a bankruptcy. But it is very important to understand that honesty and full disclosure are absolutely essential. The law is actually on your side in bankruptcy. If you follow the rules, bankruptcy is a powerful tool that can give you a second chance and a fresh start. But in exchange for that fresh start, bankruptcy law requires that you put all your cards on the table. Your bankruptcy lawyer must be aware of all the facts in order to protect your interests. Lack of information creates serious risks.
It is also important to remember that you will sign your petition under oath, expressly stating that you have fully disclosed all relevant facts. If you hide facts you can lose assets, have your bankruptcy case dismissed, and even face criminal charges. Your lawyer also may withdraw from your case if you are not completely honest.
Remember, withholding information from your lawyer is never the right choice. You will never obtain a better result by hiding information, and you will risk the possibility of serious negative consequences.
Friday, October 23, 2020
FORECLOSURE BANKRUPTCY LAWYER IN HACKENSACK NJ (201) 646-3333
FORECLOSURE
(201) 646-3333 BERGEN COUNTY BANKRUPTCY LAWYER
Today many New Jersey homeowners living in Bergen, Hudson or Passaic County are faced with the crisis of losing their homes. More people are asking how foreclosure will affect their credit. The answer to that question is: it will affect your credit very negatively along with a host of other financial ramifications. If the foreclosure process begins on your home you will not be able to apply for any type of loan for two full years. This includes any kind of financing no matter how small.
My name is Stephanie, me and my family have been using Mr Gomez as our attorney for a
really long time now. And we 100% recommend that you call him right now.
Many people in northern New Jersey mistakenly believe that all mortgage debt is extinguished once a lender forecloses on the property. In fact, given the depressed real estate market, most lenders must often sell the foreclosed property for less than the mortgage amount or less than market value. This leaves the lender with one remedy: file suit against the debtor for the "deficiency". The deficiency is the amount the debtor still owes the bank because the sale of the house did not cover the mortgage on the house. This debt remains and does not go away as many people mistakenly believe. Fortunately, those New Jersey debtors who have walked away from a property on purpose or who have been foreclosed because they were unable to modify their mortgage may file bankruptcy to discharge the debt the bank will continue to pursue. In most of these cases the best option is to file a Chapter 7 Bankruptcy since there is no longer any equity about which to be concerned.
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Thursday, October 15, 2020
DEBTOR COLLECTOR ABUSE - HACKENSACK BANKRUPTCY LAWYER
FAIR DEBT COLLECTION PRACTICES ACT
HACKENSACK BANKRUPTCY LAWYER
(201) 646-3333
§ 804. Acquisition of location information
(1) identify himself, state that he is confirming or correct
ing location information concerning the consumer, and, only if expressly requested, identify his employer;
(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt—
Hello my name is Damien Aguilar I've known Mr Rafael Gomez for about two years, he's very knowledgeable, he's very professional and very courteous, he has a nice way about him and I recommend him as an attorney.
(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the
consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antimeridian and before 9 o’clock postmeridian, local time at the consumer’s location;
(c) CEASING COMMUNICATION. If a consumer notifies a
debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except— that creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or collector or creditor intends to invoke a specified remedy. tion shall be complete upon receipt.
§ 806. Harassment or abuse
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)
If such notice from the consumer is made by mail, notifica
(d) For the purpose of this section, the term "consumer" includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
§ 805. Communication in connection with debt collection
Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall—
Creditors cannot harass you when attempting to collect a debt.
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Wendy Fellows and he's been dealing with her for over 20 years ago and he's an excellent lawyer
and I definitely would recommend it to anyone. Thank you.
Tuesday, October 13, 2020
WARNING SIGNS OF BANKRUPTCY - HACKENSACK BANKRUPTCY ATTORNEY (201) 646-3333
WARNING SIGNS OF BANKRUPTCY
(201) 646-3333
If several of the following apply in your situation, you might consider discussing bankruptcy with New Jersey Bankruptcy lawyer Rafael Gomez:
- most of your debts are Unsecured Debt like credit card bills, hospital or doctor's bills, etc.
- your total debt, not including your car or house loan, is more than you could pay, even over five or more years
Hi Rafael Gomez, I just coming to my house I got already my divorce that's why I wanted
to send you this message I appreciate what you do and with for me and I want to recommend all my friends. Thank you.
- collection agencies are calling you at home and/or at work
- there are lawsuits pending against you
- you have high medical bills not covered by insurance
- you owe income taxes that you are currently unable to pay
- you have few assets
- you have little or no savings
- you have had property repossessed (such as a vehicle)
- your mortgage lender has threatened or started foreclosure proceedings against your home
People who have had their wages garnished can especially benefit from a bankruptcy because the bankruptcy will stop the garnishment and could potentially help you get some of the garnished money back.
Hi guys my name is Vanessa Reynoso I hired mr. Gomez as one of my lawyer for me, to help me out and I could have been more happier with his help so I recommend you guys if you guys need any help to hire him, because he'll get you out of a bad situation.
If several of the following apply in your situation, you might consider discussing bankruptcy with New Jersey Bankruptcy lawyer Rafael Gomez:
- most of your debts are Unsecured Debt like credit card bills, hospital or doctor's bills, etc.
- your total debt, not including your car or house loan, is more than you could pay, even over five or more years
Hi Rafael Gomez, I just coming to my house I got already my divorce that's why I wanted
to send you this message I appreciate what you do and with for me and I want to recommend all my friends. Thank you.
- collection agencies are calling you at home and/or at work
- there are lawsuits pending against you
- you have high medical bills not covered by insurance
- you owe income taxes that you are currently unable to pay
- you have few assets
- you have little or no savings
- you have had property repossessed (such as a vehicle)
- your mortgage lender has threatened or started foreclosure proceedings against your home
People who have had their wages garnished can especially benefit from a bankruptcy because the bankruptcy will stop the garnishment and could potentially help you get some of the garnished money back.
Hi guys my name is Vanessa Reynoso I hired mr. Gomez as one of my lawyer for me, to help me out and I could have been more happier with his help so I recommend you guys if you guys need any help to hire him, because he'll get you out of a bad situation.
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