NJ Lawyer Says Appellate Court Decisions Help Homeowners in Foreclosure

Aug. 23, 2011 - PRLog -- New Jersey Lawyer, Joshua Denbeaux, of the law firm Denbeuax & Denbeaux, has written a letter to New Jersey homeowners to inform them that two important decisions handed down over the last two weeks by the appellate court, Bank of NY v. Laks & Einhorn, and Deutsche Bank v. Mitchell, may affect their rights a regarding their ability to defend successfully against a foreclosure suit.

Joshua Denbeaux’s letter begins “Dear New Jersey Homeowner,” and goes on to say that homeowners,

“...may have been told, or have been led to believe, that there are no defenses to foreclosure. The truth is, there are a lot of people and businesses sending inaccurate and misleading messages about your rights.

The laws are a state by state issue, and the law has just changed in New Jersey.  The new changes should change any assumptions you might have had about an inability to fight the bank, and may give you an opportunity to remain in your home (for a long time).

The appellate division has just decided two cases , Bank of NY v. Laks & Einhorn and Deutsche Bank v. Mitchell which affirm what we have been arguing for the last two years:  A bank cannot sue you and attempt to foreclose on your home if they do not have possession of essential loan documents and if they do not follow certain procedural statutes. Period.

We were absolutely correct, and that the courts have been inaccurately applying the law.  Now that has all changed – which may be very good news for you.”

The lawyers, Joshua Denbeaux and Adam Deutsch further invite homeowners to come in for a free consultation and in half an hour, they will be able to see if the new law applies, and how long it will take to fight the bank.  Most importantly, they will work with homeowners to identify goals and needs to build a personalized plan that will help secure the future.

“Homeowners need to bring the closing file from when they signed the loan, bring a copy of the Foreclosure Complaint and bring a copy of the Notice of Intent to Foreclose (A letter typically sent by the bank, its servicer, or a law firm representing the bank). We will walk them through the foreclosure process and explain how to fight the foreclosing bank and whether they are entitled to a dismissal of the foreclosure complaint,” says Joshua Denbeaux.

“One last thing.  And this is very important, “ he concludes, “Call today. The longer the home owner waits, the less of a chance they  have of taking advantage of the change in the law."

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Joshua Denbeaux , is a partner at the Law Firm of Denbeaux & Denbeaux located in Westwood, NJ.and Adam Deutsch, Esq. is an Associate Attorney at the firm. The law firm specializes in consumer rights issues with expertise in foreclosure defense, predatory lending and related issues. If homeowners are in need of an attorney to help defend a foreclosure or obtain a loan modification, call 201 664 8855 for more information and to schedule a free consultation. email pr(at) denbeaux(dot)com