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Can a home foreclosure be challenged due to medical issues?

Ansd JA: Since laws vary from...
can a home foreclosure be challenged due to medical issues? Ansd
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: new jersey
JA: Has any paperwork been filed?
Customer: the mortgage co. won a default judgement against me and states that a sheriff sale is coming
JA: Anything else you want the lawyer to know before I connect you?
Customer: if sheriff sale is inevitable, how can i delay?
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Answered in 3 minutes by:
10/2/2017
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 29,054
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good afternoon. I certainly understand the situation and your concern. Do you know why they were able to obtain a default? Were you served and failed to respond?

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Customer reply replied 2 months ago
however im not in my normal state of mind since my june colonostomy. My depression kicked in when i got the notice and buried it and forgot about it.

Thank you for the reply. A motion could be filed to vacate the judgment. If you did, you would need to show and explain to the Judge, why you failed to respond when served and ask that this be decided on the merits and that you have legal defenses to this. However, the medical condition would not be a defense or basis to stop the foreclosure. If the mortgage was not paid, the lender has a right to foreclose. The medical condition may result in additional time to vacate but not prevent the bank from taking the home back, if the loan was not being paid, since it is a security interest.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 2 months ago
no phone call but would like to continue our online chat please

Sure. What else can I answer?

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Customer reply replied 2 months ago
No previous foreclosure attempt was approved since the original docs were not presented. Perhaps they dont exist anymore. is that grounds for possible vacate?

Yes, it could be a defense, to show the Judge this should be decided on the merits. You first need to vacate the default judgment and explain why you failed to respond and if you an do that, address the issue with the original documents not being presented and the plaintiff not being able to show they are the owner or holder of the note and have standing to foreclosure.

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Customer reply replied 2 months ago
Countrywide sold mort. to Bank of America then Mellon then Shellpoint Servicing. Can you refer me to an attorny to take my case?
Customer reply replied 2 months ago
attorney

The site does not allow referrals to be given out but you can contact a legal attorney or the local bar agency in your county and they can place you in contact with a foreclosure defense attorney, to retain. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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