[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Incorrect Documents Concerning Foreclosure Proceedings — Urgent Action Required Dear [Recipient's Name], I hope this letter finds you well. I am writing to bring to your attention a grave concern regarding the foreclosure proceedings initiated by [Name of Lending Institution] on the property located at [Property Address]. Upon close examination of the documents received pertaining to the mentioned foreclosure proceedings, I have identified several disturbing discrepancies and errors that must be rectified immediately. It is imperative to address these issues promptly, as they cast doubt on the accuracy and legitimacy of the proceedings. Firstly, I have noticed significant inconsistencies in the legal descriptions of the property in question. The description provided in the foreclosure notice does not match the description outlined in the official property records held by the [County/City] Office of Tax Assessor's Office. This discrepancy raises questions regarding the accuracy of the information presented and creates serious doubts about the validity of the foreclosure action. Furthermore, upon analyzing the supporting documentation, specifically the loan and mortgage agreements, I have identified several errors in these critical legal documents. These errors range from typographical mistakes and missing information to incomplete or incorrect details regarding the loan terms, payment schedules, interest rates, and other crucial aspects. These inaccuracies not only undermine the integrity of the foreclosure proceedings but also potentially violate the borrower's rights and protections. In light of these discrepancies, I kindly request an immediate halt to the foreclosure proceedings until a thorough examination and correction of all documents can take place. Additionally, I urge you to provide me with copies of all pertinent documents, including those related to the original loan agreement, mortgage assignments, notice of default, and any additional records relevant to the foreclosure process. Failure to address these concerns promptly and rectify the inconsistencies will leave me with no choice but to escalate the matter by seeking legal advice and contacting relevant consumer protection agencies. I believe that it is in everyone's best interest to resolve these issues swiftly and fairly, ensuring that justice and legality prevail. I look forward to your prompt attention to this matter. Please acknowledge receipt of this letter within [number of days] and provide me with a detailed plan of action to address the concerns raised. Your cooperation in resolving this matter swiftly will be greatly appreciated. Thank you in advance for your urgent attention to this matter. Sincerely, [Your Name]
New Jersey Sample Letter for Incorrect Documents Concerning Foreclosure proceedings
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FAQ
In the great majority of cases, after the entry of a the Final Foreclosure Judgment, the mortgagee will apply to the Chancery Court for a Writ of Execution which authorizes the Sheriff of the County in which the property is located to sell the property at a sheriff's sale.
Under the New Jersey Rules of Court, a homeowner has a right of redemption during the ten (10) day period after the sheriff's sale. This right of redemption requires you to pay the full amount due on the foreclosure judgment, plus the costs of sale before the ten (10) day period expires.
After the sale of the property, the debtor has 10 days to redeem the property. This means they can buy the property back or sell it. If the debtor fails to redeem with 10 days, the proceeds of the sale pay off what is owed on the mortgage.
Cure Your Default Under New Jersey law, however, all foreclosures must be judicial, which means they go through the court system (and you can't file a separate lawsuit to challenge foreclosure). You can stop foreclosure by curing a default on your mortgage payments at any time up until the entry of a final judgment.
Equity of redemption (also termed right of redemption or equitable right of redemption) is a defaulting mortgagor's right to prevent foreclosure proceedings on the property and redeem the mortgaged property by discharging the debt secured by the mortgage within a reasonable amount of time (thereby curing the default).
You may file a written answer in which you present your defenses and explain the reasons why the lender is not entitled to a foreclosure judgment. property or for another reason, you may file a written answer to assert any rights you may have.
Approximately 60 days after the sheriff sale, you will receive a final notice with a date set for eviction. If you can't move before that date, you can go to the sheriff's office and ask for a hearing where you can tell your story to the judge and ask for more time. You may get a couple of weeks or a couple of months.
The redemption rights clause gives the owner of a property the right to reclaim his/her property during a foreclosure auction. The clause is often included in a mortgage agreement. Redemption rights allow the borrower to prevent foreclosure on the property by paying all liens or back taxes on the property.
