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New Jersey Lawyer at Denbeaux & Denbeaux Wins Dismissal of 2008 Foreclosure
Denbeaux and Denbeaux won a dismissal of a 2008 Sussex County foreclosure judgment this past week. Sussex County has one of the highest rates of new foreclosure notices in the state over the last month according to Realtytrac.com.
The firm is now planning a local initiative that will be rolled-out statewide to inform New Jersey homeowners of their rights to put an end to foreclosure lawsuits brought by banks using shoddy paper-work and shortcuts.
“We have been honing key arguments over the course of a few years and the courts are finally catching up to our interpretation of the law of foreclosure in New Jersey. The laws have not changed, but banks have continued to take shortcuts and test the patience of the public and the courts. The result is that we see homeowners getting the relief to which they are entitled ,” said managing partner Joshua Denbeaux.
The law firm has successfully won cases due to old-fashioned hard-work and careful scrutiny of closing loan documents, complaints and answers, judgments, motions and decisions handed down by judges. As early as last week, their hard work paid off once again as another bank has learned the hard way that New Jersey homeowners will not lose their homes in foreclosure lawsuits if the bank takes shortcuts or uses shoddy paper-work and the case is in the hands of the lawyers at Denbeaux & Denbeaux.
The case in point was dismissed on September 16, 2011 as the law firm of Denbeaux & Denbeaux obtained the dismissal of a foreclosure judgment tied to a foreclosure case that started back in 2008. Now for one retired couple that faced a sheriff sale and eviction, the future looks much brighter.
“It is our mission to make sure New Jersey homeowners know that no matter how much time has passed since they defaulted on their loan, or were served with a foreclosure complaint that it is worth fighting to keep your home,” said associate attorney Adam Deutsch.
The Newton, New Jersey couple first came to Denbeaux & Denbeaux in January 2011, more than three years after they received a foreclosure complaint and more than six months since the bank was granted a judgment entitling them to sell the home at a sheriff sale. The clients had been offered a loan modification and mistakenly believed the foreclosure action was dismissed. Eventually the modification fell through and the bank proceeded to obtain a judgment.
The lawyers at Denbeaux & Denbeaux pored over the files the bank used to obtain the judgment and noticed significant holes.
According to Mr. Deutsch, who argued the successful case, “The courts had granted the bank a judgment entitling them to sell our client’s home at a sheriff sale even though there was no evidence that the bank owned the actual loan or that it had complied with a state law called the Fair Foreclosure Act. The important lesson is that unless a homeowner challenges the bank in court, they may lose their home to an undeserving bank. I believe the courts are so over-burdened that mistakes are made and the banks get more leeway when homeowners don’t defend their homes and force the courts to scrutinize the evidence.”
While results depend on many diverse factors, a homeowner facing the threat of foreclosure always has the right to and is entitled to defend their home. A homeowner should also know that although many law firms in New Jersey provide services such as loan modification and say they can stop a foreclosure, the difference with Denbeaux & Denbeaux is that every document related to the case is carefully reviewed. Rather than assume that everything done up to a certain point is correct, Josh Denbeaux and Adam Deutsch take nothing for granted and provide long-term solutions rather than stop-gap measures. The aggregate result is a better quality of life for the home owner over a longer term.
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Formed in 1989, Denbeaux & Denbeaux is a law firm dedicated to providing top level legal representation to its clients. The partners, Marcia and Joshua Denbeaux, represent individuals and businesses in New Jersey State and Federal Courts.
The firm primarily practices civil litigation, with a concentration in mortgage foreclosure, business, insurance coverage and employment litigation.
The attorneys and staff at Denbeaux & Denbeaux are dedicated to providing the highest level of representation possible to their clients. Located in Westwood, New Jersey, Denbeaux & Denbeaux has extensive experience in the state and federal trial and appellate courts. The firm practices in a variety of fields including:
Mortgage Foreclosure Defense
Joshua W. Denbeaux
Marcia W. Denbeaux
Mark P. Denbeaux - Of Counsel