NJ Foreclosure Attorney Advises Homeowners on Illegal Bank Entry Problem

FOR IMMEDIATE RELEASE:
NJ Attorney Protects Rights of Homeowners from Illegal Entry by Bank Representatives
Westwood, New Jersey – October 5, 2012

The firm currently represents a family in southern New Jersey that was subject to a wrongful eviction.  The bank sent representatives into the home and removed all personal property from the home, without having first obtained a foreclosure judgment.

On Monday May 14, 2012, a person claiming to be a representative of J.P. Morgan Chase Bank, N.A. broke into a NJ home, and with no legal rights, changed the locks and prevented the rightful owners from entering their own house. The trespassing event was discovered by the father of the homeowner when he tried to go into his son’s home to continue to handle the affairs of his late son’s estate.

The problem has become worse for the homeowner because after having their home seized illegally, JP Morgan Chase reneged on an agreed settlement offer for a payment and deed in lieu of foreclosure for the home. On June 6th 2012, JP Morgan Chase was no longer offering the agreed to $34,500, now they were going to give the family  $1 for title to the home.

 “JP Morgan Chase has been in the news an awful lot lately. The week they announced losing billions of shareholder dollars was the same week they wrongfully broke into Jason’s home and changed the locks. To have lost a foreclosure action, abandoned a contractual obligation to pay $34,500 and to have trespassed into a home can only be described as chutzpah” added Mr. Deutsch.

“What is outrageous about this is that today as JPMorgan Chase CEO Jamie Dimon testifies before the Senate Banking Committee about how his bank’s trading loss of $2 billion is business as usual, the very same bank is illegally taking some one’s home, also as business as usual. At best, this situation was caused by a gross miscommunication within a bank that is too big to fail. At worst a purported agent of the bank committed a trespass. I have been defending unwarranted mortgage foreclosures for more than 3 years. This is an especially troublesome incident, ” says attorney Joshua Denbeaux.

“Thankfully, our clients did the right thing in this situation, they filed a police report of the incident and immediately contacted our office to begin the process of getting back possession of the home and the personal property within,” concluded Adam Deutsch, an attorney at Denbeaux & Denbeaux.

Joshua Denbeaux is one of the partners of the law firm Denbeaux & Denbeaux, a consumer rights and advocacy law firm located at 366 Kinderkamack Road in Westwood N.J. The firm has been leading the fight against illegal foreclosures, and the rights of New Jersey homeowners. For more information about this case please call Adam Deutsch of the lawfirm Denbeaux & Denbeuax to read his article, JP Morgan Chase, A Lesson in How to Steal Cheat and Harass a Grieving Family.

CONTACT:
Joshua Denbeaux
pr@denbeauxlaw.com
366 Kinderkamack Road
Westwood, NJ 07675
Phone: (201) 664-8855.
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While many people across the United States are looking for signs of improvement in the housing market, it really depends on where one lives and the socio-economic background of the area that will dictate how quickly a home’s value will be restored, this according to the latest  S&P/Case-Shiller home price index released last week.

Nationally home prices are slowly rising but at a significantly lower rate in New Jersey, which currently ranks second behind only Florida for new foreclosure filings

The index indicated that prices in the 20 largest U.S. metropolitan areas increased at a seasonally adjusted rate of 0.9 percent in May from April and were down 0.7 percent from May 2011. Compare that to the New York-metropolitan area, where price increases were less robust or barely visible: up 0.6 month-over-month but down 2.8 percent year-over-year.  High unemployment  and a financial services sector in restoration from the financial meltdown are some of the reason for the slow market in New York.
In New Jersey, a larger percentage of home values increaded at a significantly lower rate. According to Zillow.com data,  70 percent of the largest year-over-year metropolitan decreases  and 75% top four were located in New Jersey. On top of that, further distress in the market exists as foreclosures are still being filed in New Jersey, with 8.4 percent of homes with a mortgage, some 153,000 homes, in foreclosure during the first quarter – the highest rate in the country, second to Florida.

“People struggling to make mortgage payments by dipping into their retirement with hope that prices will rebound should be careful.  Nationally, home prices are slowly rising but at a significantly lower rate in New Jersey, which currently ranks second behind only Florida for new foreclosure filings.  A hope and a prayer are not the answer, but if you seek out the right information you can formulate a long term plan that will work for your needs, ” says attorney Adam Deutsch of the law firm Denbeaux & Denbeaux .

NJ Foreclosure Case Dismissed as Bank of America Violates Fair Foreclosure Act

NJ Foreclosure Case Dismissed as Bank of America Violates Fair Foreclosure Act

FOR IMMEDIATE RELEASE (Trenton, N.J.)  July 2, 2012 Judge Doyne in the Superior Court of  New Jersey  Appellate Court handed down a decision today in favor to the homeowner in the Bank of America  v. Limato case Docket No. A-4880-10T3, which resulted in the dismissal of the foreclosure for the NJ homeowner, according to papers files in Trenton today.

 Judge Doyne of the Superior Court of New Jersey , Appellate Division,, handed down  a decision that upheld the claim that Bank of America not only failed to comply with the notice provision of the NJ Fair Foreclosure Act (FFA), but more importantly, lacked standing to pursue foreclosure as it could not demonstrate its status as the holder of the note, a non-holder with possession of the note, or that the original note was lost, as required under the Uniform Commercial Code(UCC), N.J.S.A. 12A:3-301.

The court’s 14 page decision describes in detail the deficiencies in the Bank of America argument but the one main point was Bank of America’s failure to prove its status as the mortgage holder.

Attorney for the defense in the Limato ruling, Adam Deutsch of the law firm Denbeaux & Denbeaux., says, “This is an important win for homeowners because it signals that the Appellate Division will not tolerate relaxing the standards banks must meet to show that they are entitled to foreclose.  In this case, Bank of America was seeking to take our client’s home, but the only witnesses they produced were employees of Wells Fargo.  There was no evidence tying Bank of America to home in question.”

Partner for the law firm, Joshua Denbeaux, says, “In 2012 Denbeaux & Denbeaux has won two of two Appellate Division cases for homeowners in New Jersey.  Obtaining this success is the result of a dedicated team who has been in the trenches battling bank’s on behalf of New Jersey homeowners since the beginning of the crises back in 2008.  I have personally watched the law evolve and am pleased to see the Courts treating foreclosing banks with a higher degree of scrutiny than was seen a few years ago.”

Cited as the premier foreclosure defense and consumer rights litigation firm in northern New Jersey by virtue of the number of cases they have been able to get dismissed, they offer a free consultation to any homeowner facing foreclosure.  Homeowners can take advantage of a free consultation and to learn about the options remain in their home for the long term, by contacting the law firm of Denbeaux & Denbeaux at (201) 664-8855. Located at 366Kinderkamack Road, Westwood, NJ 07605 and can be found on the web at denbeauxlaw(dot)com or email  pr(at)enbeauxlaw(dot)com

http://www.scribd.com/doc/98866235/Appellate-Decision-Bank-of-America-v-Limato-NJ-A-4880-10T3

http://new-jersey-foreclosure-lawyer.com/foreclosure/dear-senator-menendez/

Dear Senator Menendez:
On behalf of this office and our clients, I write to thank you for your continued efforts to
represent struggling homeowners in New Jersey and continued willingness to fight for firm
banking regulations. Your willingness to stand up and demand answers from JP Morgan Chase
CEO Jaime Dimon on June 13, 2012 is commended. If more Congressmen shared your outlook
our nation would be in much safer hands.

Sen. Bob Menendez

This law firm has been representing distressed homeowners since the beginning of the
foreclosure crises. Over that period of time We have represented hundreds of New Jersey
residents. Many of their stories are heartbreaking and involve illness, loss of employment and
other tragedy. For rnany, the process of foreclosure was made far Worse by inappropriate
conduct undertaken by the banks.
Click here to read the full letter to Senator Robert Menendez

Banks Implicated in Fraud of New Jersey Home Owners in Foreclosure Bear Burden of Proof

Banks Implicated in Fraud of New Jersey Home Owners in Foreclosure Bear Burden of Proof