TRY ME!
Foreclosure Legal Standing Issue
Summary
In New Jersey, only the current loan holder has the legal standing to foreclose on a property. If your original mortgage company sold your loan, they cannot continue the foreclosure process. To confirm the current loan holder, contact your mortgage servicer and review the Assignment of Mortgage. If the original company is still named as the plaintiff, you can file a Motion to Dismiss. For civil rights violations related to the Community Wealth Preservation Program, consult a civil rights attorney and gather all relevant documents. Reference N.J.S.A. 2A:50-56.1 and the CWPP in your oral arguments.Full Conversation
my mortgage company started forcloseing on my home then they went bankrupt and sold my loan. can they still be named as the plaintiff and continue forclosing on my home in nj even if they are not the loan holder?
Hi Cynthia! In New Jersey, a party must have the legal standing to foreclose on a property. If your original mortgage company sold your loan and no longer holds it, they typically cannot continue the foreclosure process as the plaintiff.
- **Legal Standing**: The foreclosure plaintiff must have an interest in the loan.
- **Transfer of Loan**: The new loan holder usually assumes the right to foreclose.
Would you like more information on how to confirm the current loan holder or the next steps you can take?
- **Legal Standing**: The foreclosure plaintiff must have an interest in the loan.
- **Transfer of Loan**: The new loan holder usually assumes the right to foreclose.
Would you like more information on how to confirm the current loan holder or the next steps you can take?
yes
To confirm the current loan holder and the next steps you can take:
*. **Obtain Loan Information**: Contact your mortgage servicer to request information about the current holder of your loan.
*. **Review Assignment of Mortgage**: Check your county records for the Assignment of Mortgage, which should indicate the transfer of ownership.
*. **Contact Legal Aid**: Consider reaching out to local legal aid for assistance.
Would you like contact information for local legal aid services or details on how to access your county records?
*. **Obtain Loan Information**: Contact your mortgage servicer to request information about the current holder of your loan.
*. **Review Assignment of Mortgage**: Check your county records for the Assignment of Mortgage, which should indicate the transfer of ownership.
*. **Contact Legal Aid**: Consider reaching out to local legal aid for assistance.
Would you like contact information for local legal aid services or details on how to access your county records?
i already checked the company that bought it is named. how do i motion the court for this
To motion the court in New Jersey regarding the improper plaintiff in your foreclosure case:
- **File a Motion to Dismiss**: You will need to file a Motion to Dismiss the foreclosure action on the grounds that the original mortgage company no longer holds your loan and thus lacks standing.
- **Prepare Supporting Documents**: Include evidence of the loan transfer, such as the Assignment of Mortgage.
- **Serve the Motion**: Ensure the motion is properly served to all parties involved.
Would you like guidance on drafting the motion or information about the nearest court to file your motion?
- **File a Motion to Dismiss**: You will need to file a Motion to Dismiss the foreclosure action on the grounds that the original mortgage company no longer holds your loan and thus lacks standing.
- **Prepare Supporting Documents**: Include evidence of the loan transfer, such as the Assignment of Mortgage.
- **Serve the Motion**: Ensure the motion is properly served to all parties involved.
Would you like guidance on drafting the motion or information about the nearest court to file your motion?
I have to talk to the judge today..what law do i quote or what do i say
When speaking to the judge, you can emphasize that the original mortgage company lacks standing to foreclose because they no longer hold the loan. Here are key points to mention:
- **Legal Standing**: Under New Jersey law, only the current holder of the loan has the standing to foreclose.
- **Evidence**: Present the Assignment of Mortgage showing the loan transfer.
Would you like assistance on how to present your evidence or any other aspect of your case?
- **Legal Standing**: Under New Jersey law, only the current holder of the loan has the standing to foreclose.
- **Evidence**: Present the Assignment of Mortgage showing the loan transfer.
Would you like assistance on how to present your evidence or any other aspect of your case?
yes
To effectively present your evidence to the judge:
- **Introduction**: Briefly explain your situation, stating that the original mortgage company initiated foreclosure but has since sold your loan.
- **Legal Standing**: Quote New Jersey law, emphasizing that only the current loan holder has the standing to foreclose.
- **Evidence Presentation**: Submit the Assignment of Mortgage and any correspondence showing the loan transfer.
Would you like a template or example of how to phrase your statements to the judge?
- **Introduction**: Briefly explain your situation, stating that the original mortgage company initiated foreclosure but has since sold your loan.
- **Legal Standing**: Quote New Jersey law, emphasizing that only the current loan holder has the standing to foreclose.
- **Evidence Presentation**: Submit the Assignment of Mortgage and any correspondence showing the loan transfer.
Would you like a template or example of how to phrase your statements to the judge?
yes
Certainly, Cynthia! Here is a template you can use to phrase your statements to the judge:
---
**Introduction**:
"Your Honor, I am here to address the foreclosure action initiated by [Original Mortgage Company]. This company has since gone bankrupt and sold my loan to [New Loan Holder]."
**Legal Standing**:
"Under New Jersey law, only the current holder of the loan has the standing to foreclose. Since [Original Mortgage Company] no longer holds the loan, they lack the legal standing to continue this foreclosure action."
**Evidence Presentation**:
"I have here the Assignment of Mortgage, which shows the transfer of my loan to [New Loan Holder]. Additionally, I have correspondence from both [Original Mortgage Company] and [New Loan Holder] confirming this transfer."
**Closing**:
"Based on this evidence and the relevant legal standards, I respectfully request that the court dismiss the foreclosure action initiated by [Original Mortgage Company]."
---
Would you like more detailed guidance on any specific part of this statement?
---
**Introduction**:
"Your Honor, I am here to address the foreclosure action initiated by [Original Mortgage Company]. This company has since gone bankrupt and sold my loan to [New Loan Holder]."
**Legal Standing**:
"Under New Jersey law, only the current holder of the loan has the standing to foreclose. Since [Original Mortgage Company] no longer holds the loan, they lack the legal standing to continue this foreclosure action."
**Evidence Presentation**:
"I have here the Assignment of Mortgage, which shows the transfer of my loan to [New Loan Holder]. Additionally, I have correspondence from both [Original Mortgage Company] and [New Loan Holder] confirming this transfer."
**Closing**:
"Based on this evidence and the relevant legal standards, I respectfully request that the court dismiss the foreclosure action initiated by [Original Mortgage Company]."
---
Would you like more detailed guidance on any specific part of this statement?
i fled a motion to dismiss, the plaintiff filed answers now can i answer their answers
In New Jersey, you have the option to respond to the plaintiff's answers if you feel it's necessary to address any new issues or incorrect information they've presented. This is typically done through a Reply.
Would you like guidance on drafting your Reply to the plaintiff's answers?
Would you like guidance on drafting your Reply to the plaintiff's answers?
yes
To draft your Reply to the plaintiff's answers in your Motion to Dismiss, consider the following steps:
- **Identify New Issues**: Address any new issues or incorrect information presented by the plaintiff.
- **Reiterate Legal Standing**: Emphasize that the original mortgage company lacks standing.
- **Reference Evidence**: Mention your previously submitted evidence (e.g., Assignment of Mortgage).
Would you like a template or any specific guidance on a particular part of your Reply?
- **Identify New Issues**: Address any new issues or incorrect information presented by the plaintiff.
- **Reiterate Legal Standing**: Emphasize that the original mortgage company lacks standing.
- **Reference Evidence**: Mention your previously submitted evidence (e.g., Assignment of Mortgage).
Would you like a template or any specific guidance on a particular part of your Reply?
yes
Certainly, Cynthia! Here is a template you can use to draft your Reply to the plaintiff's answers:
---
**Introduction**:
"Your Honor, I am submitting this Reply to address the answers filed by the plaintiff in response to my Motion to Dismiss."
**Address New Issues**:
"The plaintiff has introduced [describe new issues or incorrect information]. I would like to clarify/correct this information by stating [your clarification or correction]."
**Reiterate Legal Standing**:
"As I previously mentioned, under New Jersey law, only the current holder of the loan has the standing to foreclose. Since [Original Mortgage Company] no longer holds the loan, they lack the legal standing to continue this foreclosure action."
**Reference Evidence**:
"I have already submitted the Assignment of Mortgage, which shows the transfer of my loan to [New Loan Holder], and correspondence confirming this transfer. This evidence clearly demonstrates that the original mortgage company is not the current loan holder."
**Closing**:
"Based on the evidence provided and the legal standards applicable, I respectfully request that the court dismiss the foreclosure action initiated by [Original Mortgage Company]."
---
Would you like more detailed guidance on any specific part of this Reply?
---
**Introduction**:
"Your Honor, I am submitting this Reply to address the answers filed by the plaintiff in response to my Motion to Dismiss."
**Address New Issues**:
"The plaintiff has introduced [describe new issues or incorrect information]. I would like to clarify/correct this information by stating [your clarification or correction]."
**Reiterate Legal Standing**:
"As I previously mentioned, under New Jersey law, only the current holder of the loan has the standing to foreclose. Since [Original Mortgage Company] no longer holds the loan, they lack the legal standing to continue this foreclosure action."
**Reference Evidence**:
"I have already submitted the Assignment of Mortgage, which shows the transfer of my loan to [New Loan Holder], and correspondence confirming this transfer. This evidence clearly demonstrates that the original mortgage company is not the current loan holder."
**Closing**:
"Based on the evidence provided and the legal standards applicable, I respectfully request that the court dismiss the foreclosure action initiated by [Original Mortgage Company]."
---
Would you like more detailed guidance on any specific part of this Reply?
yes can you write me a reply certification
Certainly, Cynthia. Here's a draft for your Reply Certification:
---
**Your Name**: Cynthia [Last Name]
**Docket Number**: [Docket Number]
**Court Name**: [Court Name]
**Plaintiff**: [Original Mortgage Company]
**Defendant**: Cynthia [Last Name]
---
**Certification in Support of Reply to Plaintiff's Answers**
I, Cynthia [Last Name], of full age, hereby certify and say:
*. I am the defendant in the above-captioned matter and I am fully familiar with the facts and circumstances of this case.
*. I submit this certification in support of my Reply to the plaintiff's answers filed in response to my Motion to Dismiss the foreclosure action.
*. The plaintiff has introduced new issues or incorrect information in their answers, specifically [describe new issues or incorrect information]. I would like to clarify/correct this information by stating [your clarification or correction].
*. As previously mentioned in my Motion to Dismiss, under New Jersey law, only the current holder of the loan has the standing to foreclose. Since [Original Mortgage Company] no longer holds the loan, they lack the legal standing to continue this foreclosure action.
*. I have already submitted the Assignment of Mortgage, which shows
---
**Your Name**: Cynthia [Last Name]
**Docket Number**: [Docket Number]
**Court Name**: [Court Name]
**Plaintiff**: [Original Mortgage Company]
**Defendant**: Cynthia [Last Name]
---
**Certification in Support of Reply to Plaintiff's Answers**
I, Cynthia [Last Name], of full age, hereby certify and say:
*. I am the defendant in the above-captioned matter and I am fully familiar with the facts and circumstances of this case.
*. I submit this certification in support of my Reply to the plaintiff's answers filed in response to my Motion to Dismiss the foreclosure action.
*. The plaintiff has introduced new issues or incorrect information in their answers, specifically [describe new issues or incorrect information]. I would like to clarify/correct this information by stating [your clarification or correction].
*. As previously mentioned in my Motion to Dismiss, under New Jersey law, only the current holder of the loan has the standing to foreclose. Since [Original Mortgage Company] no longer holds the loan, they lack the legal standing to continue this foreclosure action.
*. I have already submitted the Assignment of Mortgage, which shows
can you give me statue
Certainly, Cynthia. In New Jersey, the relevant statute regarding the standing in foreclosure actions is:
- **N.J.S.A. 2A:*-*.***: This law requires that the party seeking to foreclose must own or control the underlying debt.
Would you like more detailed information on this statute?
- **N.J.S.A. 2A:*-*.***: This law requires that the party seeking to foreclose must own or control the underlying debt.
Would you like more detailed information on this statute?
Ditech who started foreclosing on my home went bankrupt and sold my loan to New rez but ditech is still named as the plantiff on all documents. Dietech sold my home at a sheriff sale while i was trying to get approved for the community weallth preservation law. The judge and sheriff knew nothing about this new law , disregarded it and sold my home. did they violate my civil rights by not following the CWPP that is now a law.?
Cynthia, it sounds like you have a complex legal issue regarding the foreclosure and the Community Wealth Preservation Program (CWPP). Here are some points to consider:
- **Legal Standing**: Under N.J.S.A. 2A:*-*.*, only the current loan holder can foreclose.
- **Community Wealth Preservation Program**: Ensure the law was effective at the time of the sheriff sale.
- **Civil Rights Violation**: It could be argued if the law was not followed properly.
Would you like guidance on how to proceed with a potential civil rights claim or more information on the CWPP?
- **Legal Standing**: Under N.J.S.A. 2A:*-*.*, only the current loan holder can foreclose.
- **Community Wealth Preservation Program**: Ensure the law was effective at the time of the sheriff sale.
- **Civil Rights Violation**: It could be argued if the law was not followed properly.
Would you like guidance on how to proceed with a potential civil rights claim or more information on the CWPP?
yes both
Certainly, Cynthia. Here’s how you can proceed:
Civil Rights Claim:
*. **Consult an Attorney**: Consider consulting a civil rights attorney to evaluate your case.
*. **Document Everything**: Gather all relevant documents, including court orders, the Assignment of Mortgage, and correspondence.
*. **File a Complaint**: You may file a complaint with the New Jersey Division on Civil Rights or in federal court.
*. **Consult an Attorney**: Consider consulting a civil rights attorney to evaluate your case.
*. **Document Everything**: Gather all relevant documents, including court orders, the Assignment of Mortgage, and correspondence.
*. **File a Complaint**: You may file a complaint with the New Jersey Division on Civil Rights or in federal court.
Community Wealth Preservation Program (CWPP):
*. **Effective Date**: Verify the effective date of the CWPP to ensure it was in effect at the time of the sheriff sale.
*. **Review Eligibility**: Confirm that you met the eligibility criteria for the CWPP.
*. **Appeal**: If the CWPP was not considered, you might have grounds to appeal the sheriff sale or seek other legal remedies.
Would you like a referral to a civil rights attorney or more detailed information on how to file a complaint?
*. **Effective Date**: Verify the effective date of the CWPP to ensure it was in effect at the time of the sheriff sale.
*. **Review Eligibility**: Confirm that you met the eligibility criteria for the CWPP.
*. **Appeal**: If the CWPP was not considered, you might have grounds to appeal the sheriff sale or seek other legal remedies.
Would you like a referral to a civil rights attorney or more detailed information on how to file a complaint?
i already motioned the court to vacate the sale and compensation for violating my civil rights. is there law statue i can bring up in oral argument
Certainly, Cynthia. For your oral argument, you can reference the following statutes:
- **N.J.S.A. 2A:*-*.***: This requires that only the current holder of the loan has the standing to foreclose.
- **Community Wealth Preservation Program (CWPP)**: Refer to the specific provisions of this law, if applicable.
Would you like assistance in drafting your oral argument points?
- **N.J.S.A. 2A:*-*.***: This requires that only the current holder of the loan has the standing to foreclose.
- **Community Wealth Preservation Program (CWPP)**: Refer to the specific provisions of this law, if applicable.
Would you like assistance in drafting your oral argument points?
yes
Certainly, Cynthia. Here’s a draft for your oral argument points:
---
**Introduction**:
"Your Honor, I am here to argue my Motion to Vacate the Sheriff's Sale and seek compensation for the violation of my civil rights."
**Legal Standing**:
"Under N.J.S.A. 2A:*-*.*, only the current holder of the loan has the standing to foreclose. Ditech, which initiated the foreclosure, went bankrupt and sold my loan to New Rez, yet Ditech remains named as the plaintiff."
**Community Wealth Preservation Program (CWPP)**:
"The Community Wealth Preservation Program was designed to protect homeowners like myself. I was in the process of applying for this program when the sheriff's sale occurred. The judge and sheriff were unaware of this law, which should have been considered."
**Civil Rights Violation**:
"The failure to recognize and apply the CWPP constitutes a violation of my civil rights. My home was sold without proper consideration of the applicable law, thereby denying me the protections afforded under the CWPP."
**Evidence Presentation**:
"I have here the Assignment of Mortgage showing the transfer of my loan to New Rez, and my application for the CWPP. Additionally, I have correspondence from both Ditech and New Rez confirming
---
**Introduction**:
"Your Honor, I am here to argue my Motion to Vacate the Sheriff's Sale and seek compensation for the violation of my civil rights."
**Legal Standing**:
"Under N.J.S.A. 2A:*-*.*, only the current holder of the loan has the standing to foreclose. Ditech, which initiated the foreclosure, went bankrupt and sold my loan to New Rez, yet Ditech remains named as the plaintiff."
**Community Wealth Preservation Program (CWPP)**:
"The Community Wealth Preservation Program was designed to protect homeowners like myself. I was in the process of applying for this program when the sheriff's sale occurred. The judge and sheriff were unaware of this law, which should have been considered."
**Civil Rights Violation**:
"The failure to recognize and apply the CWPP constitutes a violation of my civil rights. My home was sold without proper consideration of the applicable law, thereby denying me the protections afforded under the CWPP."
**Evidence Presentation**:
"I have here the Assignment of Mortgage showing the transfer of my loan to New Rez, and my application for the CWPP. Additionally, I have correspondence from both Ditech and New Rez confirming
Start a new chat