NJ Foreclosure Defense:  Violations of the Truth in Lending Act (TILA) as a Defense to Foreclosure
NJ Foreclosure Defense: Violations of the Truth in Lending Act (TILA) as a Defense to Foreclosure

Violations of the Truth in Lending Act (“TILA”) as a Defense to Mortgage Foreclosure Limited to Three Years After the Date of the Loan The Truth in Lending Act (“TILA”) was enacted by Congress "to assure a meaningful disclosure of credit...

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One Bankruptcy Petitioner Avoided Foreclosure and Got a Free House – But Don’t Get Your Hopes Up that You Can You Get One Too
One Bankruptcy Petitioner Avoided Foreclosure and Got a Free House – But Don’t Get Your Hopes Up that You Can You Get One Too

Our Office received a call recently from a property owner who had New Jersey Bankruptcy Court decision which awarded a free house to a Chapter 13 Bankruptcy petitioner.  He was convinced that the case he had read about was exactly...

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Use of the Truth in Lending Act as a Defense to Foreclosure Limited by the Three Year Notice Provisions of the Act
Use of the Truth in Lending Act as a Defense to Foreclosure Limited by the Three Year Notice Provisions of the Act

The Truth in Lending Act, 15 U.S.C. §1601 et seq (TILA) was intended to protect consumers in consumer credit transactions and requires that lenders provide consumer borrowers with full disclosure of the terms and conditions of the loans they make,...

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Supreme Court Agrees to Hear Bankruptcy Cases on Chapter 7 Junior Mortgage Stripping
Supreme Court Agrees to Hear Bankruptcy Cases on Chapter 7 Junior Mortgage Stripping

The United States Supreme Court has announced, by granting certiorari in two cases from the 11th Circuit, that it will decide an ongoing issue of whether a Debtor in a Chapter 7 Bankruptcy Case may strip off a junior lien...

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NJ Mortgage Foreclosure Case Highlights Limitations to “Foreclosure Defense”
NJ Mortgage Foreclosure Case Highlights Limitations to “Foreclosure Defense”

A recently announced New Jersey Appellate Division case highlights some limitations to proceeding with "foreclosure defense" tactics.    In Wells Fargo Bank N.A. v. Lopez, No. A-2399-11T4. the Superior Court of New Jersey, Appellate Division, in an opinion decided March 28, 2013, found that...

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