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A foreclosure proceeding has been started against one of my…

A foreclosure proceeding has...

A foreclosure proceeding has been started against one of my properties by a tax lien holder

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No I haven’t done anything yet

Lawyer's Assistant: Where is the property located?

Pemberton New Jersey

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The property is in a very undesirable location resulting in very little property value equity etc.

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Answered in 30 minutes by:
5/17/2018
Jessica B
Category: Legal
Satisfied Customers: 1,842
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

Redemption is made at the office of the tax collector unless otherwise directed. Only the defendants named in the complaint have a right to redeem. Redemption of the TSC can be made through midnight on the date of the final judgment only if a notice of intention to foreclose was properly filed in the office of the tax collector. Once redemption is made, an Affidavit of Redemption must be filed. An Order dismissing the foreclosure action will also be entered as to the parcel redeemed. See R. 4:64-6.

However, if a defendant files an answer to the foreclosure complaint which sets up the defense of invalidity – of the tax lien, the proceedings to sell the tax lien, or the foreclosure itself – those issues will be severed as to the subject parcel and the Court will try those issues separately. See R. 4:64-6. All tax sale certificates and the foreclosure proceedings are deemed valid unless their validity is challenged by a defendant. N.J.S.A. 54:5-100.

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As of right now you have the ability to make a redemption and stop the foreclosure.

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Customer reply replied 3 months ago
Is it advised to try to negotiate with the foreclosing party a reduction Rather than paying the full outstanding tax balance?

Correct. You may attempt to negotiate a payoff that may be less than the total amount due.

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Customer reply replied 3 months ago
How would I go about contacting them to initiate such a negotiation

The information should be stated in the foreclosure documentation. IF they are represented by an attorney, you have to contact their attorney.

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Customer reply replied 3 months ago
Any suggested strategies and how to go about requesting a reduction

First, they will get their money faster. Second, it is less fees and expenses if they settle with you instead of going through a formal foreclosure.

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Customer reply replied 3 months ago
TYVM

Thank you! Please remember to rate my service.

Jessica B
Category: Legal
Satisfied Customers: 1,842
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
What happens if the plaintiff/foreclosing party does not return your calls
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