Foreclosure Timeline in NJ

Javagold

LoanSafe Member
Mar 2, 2012
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CALLING ALL THOSE IN NJ WHO CARE ABOUT HAVING THEIR OPINION HEARD !!!!

WE HAVE THE OPPORTUNITY TO HAVE OUR COMMENTS HEARD BY THE COURT !!!!

Earlier above, we discussed the fact that the NJ Courts are considering amendments to the Rules of the Court regarding foreclosure.

https://www.njcourts.gov/courts/assets/supreme/reports/2018/resforeclosure.pdf

Well, until Friday, Dec 14, 2018, WE can comment on the proposed changes. You can bet your bottom dollar, lenders and the mills will submit their comments.

Read more here about commenting:

https://njcourts.gov/notices/2018/n181418h.pdf?cacheID=Mh61VFk

Commenting is as simple as sending your feedback to an email address.

Let's all do it. Actually, nothing says you have to live in NJ. Anyone can comment. Email comments only require a name and email address.

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Count me in. But what exactly are the corrupt courts of NJ trying to do here ???
 

PatZZ

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Jan 30, 2011
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Count me in. But what exactly are the corrupt courts of NJ trying to do here ???
In terms of what? Not sure what you mean. Legislators are always amending statutes.
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PatZZ

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Jan 30, 2011
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wanda robo

LoanSafe Member
Sep 29, 2012
3,823
594
113
NJ
CALLING ALL THOSE IN NJ WHO CARE ABOUT HAVING THEIR OPINION HEARD !!!!

WE HAVE THE OPPORTUNITY TO HAVE OUR COMMENTS HEARD BY THE COURT !!!!

Earlier above, we discussed the fact that the NJ Courts are considering amendments to the Rules of the Court regarding foreclosure.

https://www.njcourts.gov/courts/assets/supreme/reports/2018/resforeclosure.pdf

Well, until Friday, Dec 14, 2018, WE can comment on the proposed changes. You can bet your bottom dollar, lenders and the mills will submit their comments.

Read more here about commenting:
https://njcourts.gov/notices/2018/n181418h.pdf?cacheID=Mh61VFk

Commenting is as simple as sending your feedback to an email address.

Let's all do it. Actually, nothing says you have to live in NJ. Anyone can comment. Email comments only require a name and email address.
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I think you should repost this on the bagels thread. Everyone on bagels should be willing to submit a comment. Rule4:64-2 cannot be allowed to be revised. The Committee Report didn't even recommend this revision. You can bet your bottom dollar the revision came straight from the mills.
 

PatZZ

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Jan 30, 2011
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I think you should repost this on the bagels thread. Everyone on bagels should be willing to submit a comment. Rule4:64-2 cannot be allowed to be revised. The Committee Report didn't even recommend this revision. You can bet your bottom dollar the revision came straight from the mills.
I think the problem is there were 2 different proposed amendments. One was dated August 2018. But then there was another one dated September 20, 2018. I've seen more than a few references to it, but I do not have the copy. I gonna surmise that the Sept 20 revisions have more changes.

LOL. Don't think there is anything we can do to disallow anything in the courts. Wish it were that easy. But you still haven't said what your beef is about "affidavit v certification" at 4:64-2.
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wanda robo

LoanSafe Member
Sep 29, 2012
3,823
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I think the problem is there were 2 different proposed amendments. One was dated August 2018. But then there was another one dated September 20, 2018. I've seen more than a few references to it, but I do not have the copy. I gonna surmise that the Sept 20 revisions have more changes.

LOL. Don't think there is anything we can do to disallow anything in the courts. Wish it were that easy. But you still haven't said what your beef is about "affidavit v certification" at 4:64-2.
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An affidavit is subscribed to in front of a notary or attorney. A Certification is just "I swear this is true". (Even if you have your fingers crossed behind your back. Both, however, are executed under penalty of punishment.
 

PatZZ

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Jan 30, 2011
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An affidavit is subscribed to in front of a notary or attorney. A Certification is just "I swear this is true". (Even if you have your fingers crossed behind your back. Both, however, are executed under penalty of punishment.
I get there is a technical difference. That's why they are saying either or. But still, in NJ courts, it probably won't matter if it's an affidavit or a cert. Whether punishment or perjury, affidavit or cert, neither term will give the NJ homeowner any advantages if indeed the mill is found to be untruthful. IMO.

Still not entirely clear what your comment to Grant would be about this. Given we know the definitions, then what?
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wanda robo

LoanSafe Member
Sep 29, 2012
3,823
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I get there is a technical difference. That's why they are saying either or. But still, in NJ courts, it probably won't matter if it's an affidavit or a cert. Whether punishment or perjury, affidavit or cert, neither term will give the NJ homeowner any advantages if indeed the mill is found to be untruthful. IMO.

Still not entirely clear what your comment to Grant would be about this. Given we know the definitions, then what?
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It's not just my comment to Grant on the prosed changes. It's in my Petition for Certification to the NJ Supremes. I started out the Petition with the argument. I got the idea from the Supreme Court Guide for pro se.:)
 

PatZZ

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It's not just my comment to Grant on the prosed changes. It's in my Petition for Certification to the NJ Supremes. I started out the Petition with the argument. I got the idea from the Supreme Court Guide for pro se.:)
Good luck I don't have enough info to follow.
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wanda robo

LoanSafe Member
Sep 29, 2012
3,823
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Good luck I don't have enough info to follow.
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I'd like to ask a question, or ponder a situation. I've asked everyone I've ever conversed with, on this thread to Comment or the "proposed rule changes" . I didn't ask you because I assumed you did comment. I even asked all the NJ attorneys I've ever tried to hire and emailed to comment. Do you know how many people commented? 1 .One person in the past, that I tried to help, honored my request. One and only one. What does that say about where New Jersey is headed?
 

Javagold

LoanSafe Member
Mar 2, 2012
167
13
18
I'd like to ask a question, or ponder a situation. I've asked everyone I've ever conversed with, on this thread to Comment or the "proposed rule changes" . I didn't ask you because I assumed you did comment. I even asked all the NJ attorneys I've ever tried to hire and emailed to comment. Do you know how many people commented? 1 .One person in the past, that I tried to help, honored my request. One and only one. What does that say about where New Jersey is headed?
Am I really the only one in NJ ??? Hard to believe!!! ... even though NJ is a corrupt cesspool. And it's heading down the drain with another Goldman Sachs scumbag as Governor.
 

PatZZ

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Jan 30, 2011
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Am I really the only one in NJ ??? Hard to believe!!! ... even though NJ is a corrupt cesspool. And it's heading down the drain with another Goldman Sachs scumbag as Governor.
No, you know Wanda & I are here. For whatever reason, people in NJ have either given up hope or never had hope - despite us being one of the highest foreclosure states. I won't be in NJ soon since I will be moving in the new year.

For certain, NJ court rulings can deter confidence. Even when homeowners have counsel, the crooked judges find for the banks. For a while, we had quite a few homeowners on this thread.
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mattimay

LoanSafe Member
Jan 8, 2012
12
0
1
nj
hi
i am in nj! in monmouth county - i wrote on this forum a few years back about a house and we received a hamp mod....
well ff a few years and here we are in foreclosure again!
I have a question if anyone could help

The plaintiff WAS proceeding under optional procedure, but long story short, (i can explain that part if anyone needs to hear it, but it is a VERY sneaky way to quickly get the house, but I am positive there is a TON more to it but i have found such little info out there)
now because we have blocked them from proceeding under the optional procedure they have now dismissed 2 of the 4 counts on the foreclosure complaint and they are now making a motion to change the ACMS from a optional procedure (no sale) foreclosure to a different case type as "a traditional/residential foreclosure procedure"

would love and appreciate some info, on how to object to this or how to proceed.... to me it seems unfair to change the complaint type at this stage, they have already changed the plaintiff a few months back, and got the order for summary judgement.... why would they HAVE to do this? the motion says "per the courts instruction"
Even anyone who for any other reason has had a "change in the metadata or acms" i would love to hear your opinions or what has worked in objecting to the motion.... or not worked right! trial and error!

thanks
ANY info would be so appreciated!
 

PatZZ

LoanSafe Member
Jan 30, 2011
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hi
i am in nj! in monmouth county - i wrote on this forum a few years back about a house and we received a hamp mod....
well ff a few years and here we are in foreclosure again!
I have a question if anyone could help

The plaintiff WAS proceeding under optional procedure, but long story short, (i can explain that part if anyone needs to hear it, but it is a VERY sneaky way to quickly get the house, but I am positive there is a TON more to it but i have found such little info out there)
now because we have blocked them from proceeding under the optional procedure they have now dismissed 2 of the 4 counts on the foreclosure complaint and they are now making a motion to change the ACMS from a optional procedure (no sale) foreclosure to a different case type as "a traditional/residential foreclosure procedure"

would love and appreciate some info, on how to object to this or how to proceed.... to me it seems unfair to change the complaint type at this stage, they have already changed the plaintiff a few months back, and got the order for summary judgement.... why would they HAVE to do this? the motion says "per the courts instruction"
Even anyone who for any other reason has had a "change in the metadata or acms" i would love to hear your opinions or what has worked in objecting to the motion.... or not worked right! trial and error!

thanks
ANY info would be so appreciated!

As soon as we find ourselves in trouble with our mortgage, we must "stay tuned." Now that you're back, stay informed. Foreclosure can be grueling and information is your best weapon.

The NJ optional procedure has some limitations. It's more uncommon than sneaky. It's spelled out in the NJ statute. Actually, the optional procedure can be beneficial to anyone who is seriously underwater and concerned about a deficiency judgment.

I presume you have already educated yourself on what the limitations are. Perhaps the mill found that you have equity in the property. Or, perhaps the lender has decided they want to be able to pursue a deficiency judgment against you. With the optional procedure, they cannot get a deficiency judgment. You didn't say what your grounds were for blocking the optional procedure and winning. Do you mean you objected and requested a sale or did your property just not meet the requirements to use the optional?

I can't imagine you have any leg to stand on to stop them from converting to the standard procedure. "Conversions" in cases is common in court. They have the right to foreclose - I presume. So if they can't pursue the optional procedure, they have every right to pursue the standard.

What 2 counts were dismissed?

The optional procedure is not typical. You are only the 2nd person I have heard say it was used. I wonder if any of the rules have changed making it more of a viable option.

If the motion says, "per the courts instruction." then what was the court's instructions? They HAVE to switch to the standard procedure because they have no other option.

Since you said they have been granted summary judgment, you have lost the opportunity to answer, or your answer must have been deemed non-contesting. At this point, I hate to say your options may be limited. Try for another mod if you want to retain the home.
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mattimay

LoanSafe Member
Jan 8, 2012
12
0
1
nj
hi
thanks for the reply - non contesting answer...
optional procedure is tricky - but i think its main purpose is for abandoned homes. there is a gray line in the process, where the defendant must object to OP (optional procedure) within 30 days, but there is nothing filed to object to - so that was where the plaintiff backed away, i asked the court about it, they never answered me, (surprise!) and instead the plaintiff withdrew a couple of counts that were for in OP.

as per the courts instructions... they are now making a motion to change the "metadata" and ACMS from a optional procedure (no sale) foreclosure to a different case type as "a traditional/residential foreclosure procedure"

i do not understand why? they are saying that the original complaint was filed as OP but i do not see that. It just says foreclosure complaint. so the switch seems moot since counts 1 and 2 cover "a traditional/residential foreclosure procedure"
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i want to object to the change so it is on the record for appeal. since there have been so few OP cases i wonder why exactly there is a need to the change the acms.

i was wondering if maybe this home being modified under HAMP is the reason for the attempt at OP to avoid the actual public sale for some reason (no note maybe?)

i know Optional procedure is so rare - that is why i am here...lots of people trying all sorts of things!
thanks! "you must never give in"


eta the wording is not "conversion" the wording is "change" the complaint type
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,823
594
113
NJ
I'm totally confused. If they started out with the OP, they wouldn't have had to file for MSJ. Am I missing something?
 

PatZZ

LoanSafe Member
Jan 30, 2011
2,026
157
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Nearby
hi
thanks for the reply - non contesting answer...
optional procedure is tricky - but i think its main purpose is for abandoned homes. there is a gray line in the process, where the defendant must object to OP (optional procedure) within 30 days, but there is nothing filed to object to - so that was where the plaintiff backed away, i asked the court about it, they never answered me, (surprise!) and instead the plaintiff withdrew a couple of counts that were for in OP.

as per the courts instructions... they are now making a motion to change the "metadata" and ACMS from a optional procedure (no sale) foreclosure to a different case type as "a traditional/residential foreclosure procedure"

i do not understand why? they are saying that the original complaint was filed as OP but i do not see that. It just says foreclosure complaint. so the switch seems moot since counts 1 and 2 cover "a traditional/residential foreclosure procedure"
.
i want to object to the change so it is on the record for appeal. since there have been so few OP cases i wonder why exactly there is a need to the change the acms.

i was wondering if maybe this home being modified under HAMP is the reason for the attempt at OP to avoid the actual public sale for some reason (no note maybe?)

i know Optional procedure is so rare - that is why i am here...lots of people trying all sorts of things!
thanks! "you must never give in"


eta the wording is not "conversion" the wording is "change" the complaint type
When I used the word "conversion" I was only speaking about court in general. But that's neither here nor there.

Precisely how and when did you find you were foreclosed on? Were you served with a complaint? It looks to me like when the lender wants to proceed with the optional, they basically just get to jump to judgment - after satisfying the conditions.

Wanda makes a good point. How/why was there a SJ? Kinda confusing.

Can't you tell whether the complaint was filed under the optional by looking at the original complaint - if there was one? At some point in the complaint, it should reference the statute, 2A;50-63, Section 11. You're not saying on what grounds you have to object. Are you saying they have no right to file under the standard foreclosure procedure? If not, why not? I can't see any support for that argument. You would then be saying the lender has no right to foreclose at all. Not clear what you mean by "change the ACMS."

A HAMP mod has nothing to do with which statute they use to foreclose.

All I can say is that if the lender never had the right to file under optional, then the complaint must be amended. A plaintiff has the right to amend a complaint. But if they are amending the complaint for any other reason, then I have no idea what is going on. Perhaps the lender initially thought you had abandoned the property??? But whatever the lender's reason for amending the complaint to the standard procedure, they undoubtedly have the right to do so. Why would you object to that? It gives you more time.
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mattimay

LoanSafe Member
Jan 8, 2012
12
0
1
nj
I'm totally confused. If they started out with the OP, they wouldn't have had to file for MSJ. Am I missing something?
thank you for the reply wanda - over the years i have read a lot of your posts... your input is very welcomed!

there were 4 counts - the complaint just says "civil action complaint" we did answer and went through all that and the answer was deemed uncontested and then they MSJ and we objected, denied, and MSJ granted... 9 months ago

the first 2 counts look like they are for "traditional foreclosure" and the last 2 for OP

last month they sent papers to notify me of their intention to proceed with OP, after they acknowledged that i objected to OP, then they asked to dismiss those counts that reference OP

THEN, in a separate filing they put forth a "MOTION TO CORRECT METADATA"

which is why i am confused - if they covered all the bases with 4 counts, then why would this new action be necessary... i am just looking for something they may be attempting to hide... lol -
 

mattimay

LoanSafe Member
Jan 8, 2012
12
0
1
nj
Not clear what you mean by "change the ACMS."
that is the wording they used in their notice of motion to correct metadata

the actual proposed order just says "order correcting metadata"
on this day...."that the clerk make the necessary corrections manually: change case type from OP foreclosure to a residential/traditional foreclosure"

they have known all along we are living here - OP also allows for underwater homes i realize that, but i am just surmising that the reason why there has been little info on OP is because maybe they are more commonly used for abandonment...

ETA
i would not be objecting to moving forward with traditional foreclosure - i was thinking there may be an in with objecting to the change, and attempting a motion to dismiss? :)
their moves seem like they are trying to clean up some mess, and it seems obvious that the court is guiding them out of it.... just wondering if there is a way to capitalize on it

I answered some other things in the post in reply to wanda robo - thanks for your interest!