7 Things You Must Do After You Sell Your Home in Monmouth County

When selling your home, it can seem like your to-do list is never-ending. Repairs and maintenance, packing and moving, listing and showing your home — all of this can be stressful. Once the sale is finalized, you can finally breathe a big sigh of relief. But there may be a few things you need to add to your to-do list. As a real estate lawyer in Monmouth County, Veitengruber Law works with sellers to ensure all the little details are correct—before and after closing. Here are 5 things you can check off your to-do list after the sale of your home: 1. Confirm Closing Payoffs After closing, ensure that all funds have been transferred correctly. This includes: Mortgage Payoffs: Your mortgage lender will give you a payoff amount to settle your loan. You should check with your mortgage servicer to ensure that the loan is fully paid. You should also receive a confirmation letter stating that your mortgage was paid in full. Late Property Taxes: Unpaid late property taxes are typically cleared during the closing process. You can confirm that taxes have been settled by contacting the tax office of the municipality where the property is located. Liens or Judgments: Liens or judgments associated with your property must be paid at or before closing. You can confirm this by contacting the lienholder or the court. The title agency or attorneys working on your closing should also be able to help verify that these issues are resolved. This information should all be in the closing documents you receive at settlement. Confirming these payoffs with the entity listed in the closing documents is crucial to avoid future financial and legal setbacks. Keep any confirmations in your records. 2. Retain All Documents You should hold on to any documents you received throughout the sale of your home, including the settlement statement, deed transfer paperwork, and any contracts you signed. If any questions about the sale arise in the future, you will have the necessary documentation to resolve any issues quickly. These documents can also help when it comes time to file your taxes. Keep hard copies in a safe, secure location where they will be protected from damage. For electronic copies, store them with an encrypted cloud service or a digital filing service that offers authentication procedures. 3. Prepare for Tax Season How you must prepare for tax season depends on your specific situation. If you made a significant profit from the sale of your home, you should likely consult with an experienced tax professional to understand what capital gains taxes you could owe. A tax professional will be able to help you prepare by calculating how much you may owe in taxes and helping you correctly apply for the exclusion. This number will change depending on how long you have had the property, your filing status, and any deductions you qualify for. Many home sellers benefit from the Primary Residence Capital Gains Exclusion, which allows individuals to exclude up to $250,000 of capital gains from their income, with married couples filing jointly able to exclude up to $500,000. This exclusion is designed to help homeowners avoid a significant tax liability when they sell. To qualify for this exclusion, the home must have been the primary residence for at least two out of the five years preceding the sale of the house. 4. Update Your Estate Plan When selling your home, it's also a good idea to update your estate plan documents. If your home is listed in a will, power of attorney, trust, or any other legal documents related to your estate, you need to revise these directives. If you have significant profit from your sale, you will also need to factor this new wealth into your estate plans. Veitengruber Law is an estate planning and real estate law firm in Monmouth County, and we can help ensure you are protecting your assets before and after the sale of your home. 5. Update Your Address Don't overlook the steps required to update your mailing address correctly. You can submit a change-of-address request with the postal service so that any mail sent to your old home will be forwarded to your new address. You should also take the time to update your address on all critical accounts, such as your bank, credit cards, insurance, investment accounts, and utilities. You should also inform your employer of your move. Notifying government agencies, such as the DMV and Social Security Administration, can also ensure you receive timely notifications from these entities. And, of course, you should inform your friends and family of your move so that those holiday cards reach the correct address. Veitengruber Law has been assisting New Jersey homeowners with selling their homes for over a decade. We can work with you to tackle your to-do list before, during, and after the sale. 

Selling a home "as is" can help sellers save time, money, and stress on repairs and renovations. Many sellers are unable to afford major repairs and upgrades. While selling "as is" can lower your sales price and even result in fewer interested buyers, it is an attractive option for those seeking to sell a property with the least amount of work and up-front costs. In New Jersey, sellers are permitted to sell a property in "as is" condition. However, that does not relieve sellers of specific legal responsibilities throughout the sale. If you are selling an NJ property "as is," consulting with an experienced real estate attorney to discuss your obligations is crucial. Monmouth County attorney George Veitengruber and Veitengruber Law have been helping buyers and sellers fulfill their real estate goals for over a decade. Here are some things you need to understand about real estate law before you list your home "as is." What does selling "as is" actually mean? In New Jersey real estate law, selling "as is" simply means the seller intends to transfer the property in its current condition, with existing, disclosed defects. This is the seller telling the market they are unwilling to make repairs or improvements and, in some instances, will not make price concessions. An "as is" sales agreement releases the seller of any obligation to provide reimbursement for any losses or damage resulting from the condition of the property. It sets a clear expectation for the buyer up front that the seller is not willing to negotiate on repairs. While the "as is" clause relieves the seller from fixing the property's issues, it does not exempt the seller from disclosing these problems. The seller is still legally required to disclose any major defects with the property. The seller cannot knowingly withhold information about defects associated with the property. The condition of the property as presented in the listing and via correspondence with potential buyers must be accurate and honest to the best of the seller's knowledge. What is seller disclosure law? In New Jersey, sellers are legally required to disclose defects or repairs needed for the property they are attempting to sell. If the seller knows about a defect, they must tell any potential buyer. If a seller is found to be deliberately concealing a defect or even if the seller simply remains silent about a problem, they could face fraud charges and liability for damages incurred by the new owners. Adding an "as is" clause or a general disclaimer to a real estate contract does not exempt sellers from their disclosure obligations. If a damage or defect is not readily apparent to the buyer, the seller must still disclose these defects. For example, you are selling your home and you know that the roof leaks. A buyer tours your home on a sunny day and sees no water damage in the attic. As the seller, you are required to disclose that the roof leaks even if the defect is not obvious to the buyer. What is a Property Condition Disclosure Statement? A property condition disclosure statement is a common way for sellers listing a home "as is" to ensure they are satisfying their legal obligations to disclose any known defects. These statements can help establish buyer expectations, point inspectors to problem areas, and minimize the chance a buyer will back out at the last minute. While they are not required under NJ law, they can greatly reduce the chance of legal action against the seller. Some common issues the disclosure statement can address include: Roof: Detail the age and repair or replacement history of the roof. The seller can also disclose any leaks or previous damage from leaks. Attics, Basements, or Crawl Spaces: Disclose the condition from any current or previous water issues, including damage, mold, moisture retention, etc. Termites and Pests: You must disclose the presence of or damage from termites and other wood-destroying insects. You should also disclose the presence of any other pests that may damage the property. Structural Defects: Shifting, movement, or other damage to walls, floors, or foundations of all structures should be disclosed. You can also disclose defects with pathways, retaining walls, patios, driveways, or other hardscape structures. Water or smoke/fire damage also needs to be disclosed. Additions/Remodels: Any structural changes or alterations should be disclosed, including building permits and approvals. Plumbing: Water and sewage system issues should be disclosed, including issues with the discharge of wastewater, the water heater, and abandoned or shut off systems. Heating and AC: Disclose what kind of system you have, how old it is, and any known problems. Electric: Disclose any known problems and any modifications to wiring, amp service, or additions, including permits and approvals. Major Appliances: The working conditions of appliances included in the sale should be addressed. This includes smoke detectors, garage door openers, and pools. Environmental Hazards: If your household has received notification from any agencies about conditions on the property that may affect the quality of the air, soil, or water on the property, you must disclose this information to potential buyers. This includes testing for and treatment of radon gas or the presence of lead paint. Land or deed restrictions: This can include legal restrictions like zoning ordinances, protected areas, encroachments, easements, or HOAs. It can also include physical restrictions like wetlands, drainage or flooding issues, tidal water, mining operations, etc. If any boundary disputes are in progress, the buyer should be made aware of this. Legal actions: Any legal issues associated with the property should be disclosed to potential buyers, including zoning violations, nonconforming use, unpaid assessments, title problems, liens, and other ongoing legal matters. Can I sell without a certificate of occupancy? A certificate of occupancy (COO) is a document issued by a local authority that certifies the property's safety and compliance with local code laws. Typically, the seller is responsible for obtaining the COO prior to closing and paying the application fee. However, COOs are not required for every real estate transaction in NJ. As an alternative, sellers can obtain a temporary certificate of occupancy or a certificate of title transfer if the property's condition does not meet local municipal standards. If these alternatives are used, the seller should disclose this to the buyer and ensure they understand there is no COO for the property. Buyers may consider this option if they intend to make substantial repairs or renovations prior to moving into the property. Selling your home "as is" in New Jersey can simplify the sale for the seller, provided they comply with local, state, and federal disclosure laws. Working with an experienced attorney can help sellers protect their interests throughout a real estate transaction. Veitengruber Law can offer peace of mind throughout the sale of your property. Our Monmouth County real estate attorney can reduce your legal risk and simplify the selling process.

A Google search of “DIY estate planning” will return hundreds of results. Many online tools claim to offer easy, quick, and budget-friendly ways to create wills, power of attorney (POA) documents, medical directives, and even trusts. Many folks turn to these services because they feel more private and appear to be cost saving. However, the one-size-fits-all templates used by these companies offer limited protection and tend to overlook the intricacies inherent to every individual’s specific financial, legal, and personal circumstances. Often, ignoring the complexities of estate law can lead individuals and their loved ones into messy legal and financial territory, or even result in expensive court battles. We are an estate planning attorney in Monmouth County. At Veitengruber Law, we have expertise that has been earned over years of experience helping individuals and families plan for the future. We have worked with many folks facing the ramifications of DIY estate planning. Here are some of the big reasons why doing your estate planning with an online tool is a bad idea: 1. They don’t account for state-specific laws. Estate law is not uniform, and each state has unique rules and protocols. These variations can be significant enough that a will that is valid in another state may be invalid in New Jersey. This can cause considerable issues for your loved ones and may prolong, complicate, and increase the cost and stress of the probate process. When you work with an attorney experienced in estate law specific to your state, you know you are getting the most up-to-date and correct information possible. We can ensure that all your documents are valid and help your heirs avoid legal issues in the future. 2. They do not account for life changes. Life is constantly changing. Marriage, divorce, birth, death, adoption, estrangement—all of these events can drastically alter your estate plan. DIY plans often fail to capture the complex nature of these shifting personal realities. Additionally, creating an estate plan with a DIY tool means you will be responsible for periodically reviewing and updating it to reflect your current wishes for the future. When you create an estate plan with the help of an attorney, we can revisit your plan periodically to ensure timely updates of life changes. We can also help you draft documents that encompass the full breadth of your relationships, regardless of their complexity. This can help you guarantee that your loved ones are always taken care of. 3. They cannot help you avoid tax consequences. The rules surrounding estate and inheritance tax are complex. When you create an estate plan without considering the tax consequences for your loved ones, they could ultimately end up receiving a fraction of what you initially intended. You can limit the tax burden on your family and loved ones by working with an experienced professional who understands how to minimize taxes. A Monmouth County estate planning attorney can help you set up trusts to skip the probate process, take advantage of tax exemptions, or come up with a personalized strategy based on your needs.  Estate planning law is intricate and complex. Protecting your assets and your legacy is not something you want to leave up to a boilerplate internet template. Veitengruber Law is a trustworthy and experienced estate planning attorney in Monmouth County. We can help you find the right plan to feel confident and secure in your estate planning.

Student loan debt represents a significant percentage of total household debt, accounting for about 9.2% of total household debt in the US. Most of this debt is held through federal loans, with just 7.5% of this debt held through private loans. While private loans can sometimes be discharged through bankruptcy, federal student loans have historically not been included in bankruptcy discharge. However, this standard is no longer as set in stone as it used to be. There are many avenues to student loan debt relief. Veitengruber Law is an experienced bankruptcy lawyer in Monmouth County. If you are considering including your student loans in your bankruptcy case, here are some things you should know. 1. There are different kinds of student loans. As discussed above, there are two main types of student loans: federal student loans and private student loans. Generally, neither is eligible for discharge through Chapter 7 or 13 bankruptcy. That being said, there are some kinds of private student loans that can be discharged through bankruptcy. 2. What loans can be discharged? Some private loans can be automatically discharged through bankruptcy. These include private loans that fall under any of the following provisions: Loans to attend schools ineligible for federal aid (like foreign schools or non-Title IV schools) Loans for attending school less than half-time Loans made in excess of the cost to attend the school Loans to cover fees and other living expenses incurred while the student was in preparation for a professional exam (like the bar exam or medical board exams) Loans that covered living expenses and moving costs for medical residencies Any loan made for non-qualified higher educational expenses 3. There is a risk of legal action after discharge. While the above circumstances make it perfectly legal to discharge your private student loan debt through Chapter 7 or 13 bankruptcy, private student loan lenders frequently try to sue borrowers for the debt after a discharge has been granted. If a lender contacts you about paying a discharged debt, you can reach out to an experienced NJ bankruptcy attorney who can guide you through your rights and how to respond to a lawsuit of this nature. 4. The "Undue Hardship Standard" is a difficult but not impossible option. In extreme cases, the court may grant you a Chapter 7 bankruptcy discharge for your student loans under the Undue Hardship standard. This is a very expensive, very difficult option that requires a lawsuit called an adversary proceeding to be filed in bankruptcy court. To prove undue hardship, you must prove that you: Cannot support a minimal standard of living based on your income and expenses Additional circumstances exist that will limit your ability to repay your loans (like a chronic medical diagnosis or permanent disability) You have made a good-faith effort to repay your loans If you decide to pursue discharge under the undue hardship standard, it is highly advisable to work with an experienced attorney. 5. Bankruptcy is not the only option. Besides the vast array of forgiveness programs, repayment plans, deferment options, and forbearance programs for federal student loans, you have other options if you are struggling with student loan debt. Filing for bankruptcy to eliminate other debts from credit cards, private loans, mortgage arrears, and more can open up more income to dedicate to your student loans. Even if you are unable to include your student loans in a bankruptcy discharge, getting rid of your other debt can make your student loan payments more manageable. Veitengruber Law is an experienced bankruptcy law firm. We can help you devise a plan to get out of debt. Call us today for a free consultation.

Foreclosure can be a stressful process resulting in financial devastation. The extent of the damage to your credit can depend on a number of factors. Regardless of how far your credit score drops after foreclosure, rebuilding your credit from the first day after foreclosure is possible. If you're looking for help with NJ credit repair after foreclosure, Veitengruber Law can help. As an experienced NJ foreclosure defense and credit repair attorney, we have worked with hundreds of clients to reduce the damage throughout the foreclosure process and help them rebuild their credit scores afterward. Working with an experienced credit repair professional can help you rebuild your credit quickly and efficiently, eliminating stress and giving you a clear plan for your future. Here, we will explore what foreclosure does to your credit score and simple, proven ways you can improve your credit after foreclosure. What will foreclosure do to my credit score? A foreclosure entry remains on your credit report for seven years from the date of the first missed payment that led your mortgage to enter default. At the end of these seven years, the entry is deleted from your credit report. Depending on your credit score before foreclosure, you can expect your score to drop between 100 and 160 points, on average. The higher your score before your foreclosure, the more you can expect it to fall after. Your score will be impacted as long as you have a foreclosure entry on your credit report. This impact will be most pronounced in the first few years and then slowly decrease until the end of the seven years. Lenders consider foreclosure a major red flag when considering your application for more credit or a loan. Many lenders will refuse to work with you in the first few years after your foreclosure. However, as time goes on and your credit improves, more lenders will be willing to work with you, even with a foreclosure entry on your report. Ultimately, you can begin improving your credit score on day one after a foreclosure entry is added to your credit report. The more proactive you are in the immediate aftermath of foreclosure, the sooner you will be able to improve your score and seek new financial opportunities. How can I limit damage to my credit score? There are some things you can do to limit the damage to your credit score while you are going through the foreclosure process. If you know you cannot save your home, focus your financial energy on paying your other bills on time and in full. Keep your credit utilization low, aiming to keep your utilization below 30% at least, but ideally 10% if you are facing foreclosure. You could also work with an attorney to look into alternatives to foreclosure, like a loan modification or a short sale. While these options will have some effect on your credit, it will not be as severe as with a foreclosure entry. How do I improve my credit score after foreclosure? Rebuilding your credit score is very possible, but it takes time, patience, and discipline. Veitengruber Law works with our clients to find achievable goals and actionable solutions that do not involve a ton of financial know-how. Often, the best path forward is utilizing basic good credit habits. Here are some of our tips: 1. Keep All Accounts Current Pay your bills on time, in full, every time. Payment history is the most critical factor in determining your credit score. Every single on-time payment adds positive data to your report and improves your score. The best way to ensure you can pay all your bills on time is to develop a realistic budget and stick to it. Determine your essential expenses and ensure you can pay for those before you pay for extras like entertainment. Sign up for automatic billing so you cannot forget to make a payment. Making on-time payments throughout the seven years after a foreclosure is the best way to ensure your score will rise quickly. 2. Lower Credit Utilization Keep your credit card balance as low as possible. While using credit cards and making payments on time each month can also help you rebuild your credit, there is no benefit to carrying card balances month to month. By paying off your credit card balance every month can keep your credit utilization low, which is another major aspect of improving your credit score. Low credit utilization typically means an improved credit score. This shows lenders that you understand how to use your credit and can manage your finances. You will also save money on interest charges. 3. Consider a Secured Credit Card Using a secured credit card can be very useful for rebuilding credit. With a secured card, a user puts a security deposit down that will serve as your credit limit. Deposit amounts typically start at just $200. To start, we usually suggest that our client use this card monthly for one expense, like groceries or gas. At the end of the month, pay off the balance. Every on-time payment will boost your score a little bit. Secured cards are a great way to build or repair credit without risking getting in over your head with credit card debt. 4. Monitor Your Credit Report This is a practice everyone should do periodically, but it is especially critical in the aftermath of foreclosure when you are trying to rebuild your credit. There are many free credit report services. Your bank or current credit card lenders may already provide these services to you. You can check these reports quarterly for any errors. If you find any errors on your credit report, you can file a dispute. This will prevent any inaccurate entries from dragging your credit score down unnecessarily.  5. Be Patient and Smart You will not rebuild your credit score overnight. It will take a bunch of time, dedication, and patience. Stay consistent, stick to your budget, and avoid any impulsive financial decisions. For example, applying for a new line of credit may be tempting when you see your score improve. But you need to keep in mind that credit inquiries can impact your score, too. Stay patient and work with an experienced credit repair attorney or financial expert to make a plan. This guidance can help you improve your score as quickly as possible. Within a few years, you may be able to apply for a vehicle loan, a credit card, or even a mortgage. George Veitengruber is an experienced NJ foreclosure defense and credit repair attorney. Our firm has worked with many NJ homeowners to save their homes from foreclosure, get out from under unmanageable debt, and find solutions to repair a low credit score. Every individual will benefit from different strategies based on their unique situation. Our credit repair solutions are fully customized to meet your needs and help you achieve your goals. If you are going through foreclosure or struggling in the aftermath, reach out to us for a consultation today.

Can you save my Monmouth County home? We get this question all the time at Veitengruber Law. As an experienced NJ foreclosure defense attorney, we have worked with thousands of residents to fight foreclosure and stay in their homes. We are familiar with the foreclosure process and can help you utilize different legal and financial tools to save your home. Once you are more than 120 days past due on your mortgage, your lender can begin the foreclosure process. To start this process, your lender must first notify you through a breach letter that your loan is in default. This letter will explain that you are facing foreclosure and will include information about how to resolve the issue to avoid foreclosure, including your options for loan modification. Submitting a request to modify your mortgage will include a financial hardship letter. This letter is your first step towards getting approved for a loan modification. How you present yourself and your case in your hardship letter can make or break your chances for loan modification approval. Working with an experienced attorney like Veitengruber Law is the best way to give yourself the best chances of approval. Here are some tips on how to write an effective mortgage loan modification hardship letter: Part One: Explanation of Financial Hardship Financial hardship letters help explain why you are struggling to make your mortgage payments to your mortgage lender. This is your opportunity to be honest with your lender so they can better understand your financial situation. Before you detail your proposed plan for a loan modification, you need to show your lender why the modification is necessary. This should include an explanation for why you have fallen behind on your mortgage. You may struggle to keep up with your monthly mortgage payments for many different reasons. Common problems include: Illness or disability Medical debt Divorce Death of a spouse Job or income loss for you or someone else in the household Loss of transportation Property damage Your explanation does not have to be detailed. You do not have to write down personal details or private information. You simply need to give your lender a general idea of your financial circumstances. For example, you could say: "I fell behind on my mortgage after losing my job in 2023." An experienced attorney can help you find the best way to explain why you could not make payments in the past. Part Two: Your New Circumstances This part of your letter is your opportunity to explain how your circumstances have changed since the event that triggered your financial struggles. The lender needs to know that you actually have the ability to pay back your mortgage if they grant the modification. You will need to demonstrate how you have made an effort to resolve your problems and change your financial situation for the better. Again, you do not need to include super personal details or provide a long, drawn-out explanation. For example: "After searching for a job for two years, I secured full-time employment in April 2025." Part Three: Loan Modification Request The final part of your hardship letter should include your request for a loan modification. You can request a modification in two ways: one, by asking the lender to come up with a loan modification plan for you, or two, by proposing a loan modification plan that will work with your new financial circumstances. When you propose your own mortgage modification plan, you should include details on what terms you want modified and also what monthly payment you believe you can afford. The following are common mortgage modifications: Interest Rate Cut: Lowering your interest rate can lower your monthly payments and lead to money savings in the long run. Extended Repayment Period: Extending the life of your loan will also help you lower your monthly payments. Principal Reduction: Some lenders may consider forgiving some of your loan balance to lower monthly payments. Be aware that any forgiven debt will be treated as income by the IRS and must be reported on your tax return. Switch to a Fixed-Rate or Adjustable-Rate Mortgage: Changing your interest rate to fixed or adjustable, depending on your circumstances, can help lower your interest rate or make your monthly payments more predictable. Loan Modification Program: Individual lenders may offer specific loan modification programs based on the kind of loan you have. You should contact them about your options and your eligibility. If you believe you are eligible for these programs, you can reference them in your letter. Which of the above changes to the terms of your loan will help you the best depends on your specific circumstances. A skilled foreclosure defense attorney can assist you in determining the best plan for your financial situation and how best to word this in your letter. Remember that while you do not need to apologize for your financial circumstances, this is the time to express thanks to your mortgage provider for the help you hope they can provide. This is not the chance to discuss your discontent with high interest rates or frustration with your lender. Keep your letter professional and respectful. Part Four: Include Documentation With your letter, it is critical to provide evidence of your financial situation. You can provide bank statements to prove a reduction in income or medical bills to show your undue financial burden due to disability. Whatever your situation, an attorney can help you determine which documents are required to prove your hardship to your lender. Part Five: Contact Your Lender Once you have drafted, reviewed, and finalized your hardship letter with the expert advice of an attorney, you or your attorney can contact your lender. You will likely be dealing with your servicer's loss mitigation department. Most lenders have a specific person or team that manages loan modifications. Keep a diligent record of the representatives you correspond with and ensure that every agreement or communication is done in writing. If your request for modification is denied for any reason, this record may help ask for a second review. An experienced foreclosure attorney can help you throughout the negotiation process as you seek a mortgage loan modification. When you work with an attorney, you have a much higher chance of receiving approval for your loan modification request. They can communicate with your servicer, negotiate on your behalf, and protect your rights. Their invaluable expertise can be particularly helpful in understanding what mortgage lenders seek in a loan modification request. They can ensure you are submitting your most promising request. Loan modification is a great way to avoid foreclosure proceedings and save your home. You must submit your hardship letter and application 45 days before the scheduled foreclosure of your home, so it is crucial to act quickly for this process. If you have received notice that your mortgage is in default, reach out to Veitengruber Law today. We can help you create a hardship letter and make the case to save your home from foreclosure.

When you are facing foreclosure, it is common to feel hopeless and overwhelmed. The stress and anxiety of dealing with foreclosure proceedings can put homeowners in a state of freeze. We hate hearing stories of homeowners who felt powerless to protect their interests, only to find out after losing their homes that they had other options. The long foreclosure timeline provides ample opportunity for homeowners to save their homes or find a better alternative to foreclosure. An experienced foreclosure defense lawyer can explain all of your options at every stage of the foreclosure timeline. Just because you have been served with a notice of foreclosure does not mean you will imminently lose your home. If you are looking for a foreclosure defense lawyer in Monmouth County, Veitengruber Law has helped hundreds of NJ residents save their homes. Here is an overview of your options at every step of the foreclosure timeline: 1. Missed Payment After missing a few monthly mortgage payments, your lender will notify you of default. This does not mean that foreclosure proceedings have begun. It does mean that you should think seriously about how to get ahead of this financial problem. If you are struggling to make your mortgage payments, you can try to work directly with your lender. Work with an attorney to create a hardship letter and ask your lender for a mortgage modification. Your attorney may suggest other options like bankruptcy or debt negotiation, depending on your financial situation. The important thing at this stage is to be proactive and not wait to act until after foreclosure proceedings have been initiated. 2. Formal Notice of Intent After you have been in default on your loan for 120 days, your mortgage servicer will send a Notice of Intent to Foreclose. This document will detail your lender's intentions to file for foreclosure on your property if the default is not cured within a specified timeframe. In NJ, lenders cannot file a foreclosure complaint until 30 days after the Notice of Intent has been sent. This letter must be sent by regular and certified mail. Many lenders will include options for curing the debt, like mortgage modification or different forbearance programs. Once you receive the Notice of Intent, you must act quickly to avoid foreclosure proceedings. Depending on your circumstances and ability to pay back the debt, you can work directly with your lender to determine a repayment plan or work with an attorney to file for bankruptcy, which will prevent any new court proceedings from being brought against you. 3. Filing of the Complaint If the debt is not cured or an agreement with your lender cannot be reached within 30 days after the Notice of Intent, your lender can file a foreclosure complaint with the court. This is when the official foreclosure proceedings begin. Once served with a notice of the complaint, the homeowner will have 35 days to respond. At this point, you can still attempt to work with your lender to find a solution that allows you to stay in your home. You can cure the debt, apply for a loan modification, or file for bankruptcy to determine the best way to restructure your debts. If your goal is not to stay in your home, you could also consider a short sale. A short sale cannot save your home but will allow you to get something out of your investment. Your lender may agree to settle your debt with the proceeds of a short sale, which would mean you can walk away from your home with less debt. 4. Final Judgement If you cannot find a solution to avoid foreclosure within 35 days after the complaint has been filed, or if the court rules in favor of the lender, your case will enter final judgment. This means a judge has ruled that the foreclosure can proceed, and your home will be scheduled for a sheriff's sale. At the sheriff's sale, your home will be sold to the highest bidder as your lender attempts to recover their losses. But even if your home is sold at a sheriff's sale, you still have the 10-day right of redemption period to overturn the sale and save your home.  During the right of redemption period, you have one final chance to pay off the amount owed on the foreclosure judgment. The amount required to redeem your home and save it from foreclosure will often include the principal amount of your mortgage debt, interest, and any fees, taxes, assessments, or other costs incurred by your lender during the foreclosure process. The end of the right to redemption period is when it is officially too late to save your home. However, the foreclosure timeline is purposely lengthy, allowing homeowners plenty of time to find a better solution. Veitengruber Law can work with you at any stage of the foreclosure timeline to help you save your home or find another solution that allows you to protect some of your investment. Reach out to us today for a consultation!

At the start of their estate planning journey, most people are often surprised to discover that they need more than just a will. While a will is important, it just scratches the surface of all the legal protections you can put in place to safeguard your future. An estate plan isn't just about what happens after you die. It is also about how you intend to spend your final days or years. An estate planning attorney is likely to urge you to discuss a power of attorney or a living will. Veitengruber Law is an experienced estate planning attorney in Monmouth County. We have over a decade of experience crafting personalized estate plans designed to protect our clients and offer peace of mind. The future is uncertain, but the multitude of options available to you as you devise an estate plan can help you prepare for the future no matter what it has in store. However, all these options can be confusing to those unfamiliar with estate law. What is a power of attorney? What is a living will? Do I need one, or both, or neither? Here, we take a deep dive into examining these two critical tools, exploring how they function and which option is best suited for your circumstances. What is a Power of Attorney (POA)? A POA is a legal document that appoints a trusted person to make decisions on your behalf if you are unable to do so yourself. There are two primary types of POAs in estate planning, serving distinct functions: medical and financial. A medical POA gives someone the authority to make healthcare decisions on your behalf. A financial POA grants someone the ability to manage your financial accounts, pay your bills, and make financial decisions if you are incapacitated. You can also have a durable POA or a regular, non-durable POA. A durable POA remains in place even after you are incapacitated. A POA can be as specific as you want it to be, and you can have a joint or dual POA in which two or more people are allowed to act together to manage your affairs. What is a Living Will? A living will is also sometimes referred to as an advanced directive. This legal document will outline your healthcare preferences if you cannot make these decisions at some point in the future. You can indicate your wishes for different medical treatments like life support, resuscitation, tube feeding, palliative care, and organ donation, among other things. By documenting your preferences regarding these treatments, your medical team can ensure that they follow your wishes, even if you are unable to voice them. Key Differences These essential estate planning tools complement each other in providing comprehensive coverage for anything life throws at you. However, there are a few important differences that you should be aware of when creating an effective estate plan. 1. Purpose and Scope A living will does not empower anyone to make choices on your behalf. Instead, it empowers you to have your choices heard even if you are unable to communicate or are in mental decline. A living will only covers your preferences related to medical treatments and healthcare. On the other hand, a POA legally empowers someone you trust to make broad decisions about your finances, healthcare, or both. You are granting this person, or "agent," permission to have the final call on how things should be handled if you can no longer make those decisions yourself. A POA has a much broader scope than a living will. 2. Activation Criteria A living will goes into effect only if you are incapacitated and cannot communicate. Medical professionals will follow the directives in your living will to provide treatment through the end of your life or until you are no longer incapacitated. A POA will be activated or deactivated depending on the criteria listed in the POA. For example, if you have a durable financial POA, it will go into effect if you are no longer able to make your own decisions financially (from mental deterioration or medical incapacitation). A POA is much more specific in the instances in which it can be activated. What are the benefits and drawbacks of a living will? A living will ensures your wishes are followed even if you are not mentally or physically able to make a choice. Advanced directives, such as living wills, can ensure a more consistent healthcare experience and stricter adherence to a patient's end-of-life preferences. Without a living will, someone else will make decisions on your behalf. A living will can also reduce the burden on your family and loved ones. Without a clear directive in place, those closest to you may have to make difficult and emotional choices about your end-of-life care. This can lead to conflict and heartbreak if loved ones cannot agree on a path forward for your treatment. A living will can give loved ones the peace of mind that they are following your wishes. However, there are some limitations to living wills. Living wills that lack specificity can lead to misinterpretations by medical professionals. For example, "no heroic measures" can mean different things to different people. A living will must also be updated with an individual's most recent health conditions. If your condition or treatment preferences change, it is essential to revise your living will as soon as possible to ensure that your treatment aligns with your current wishes. What are the benefits and drawbacks of a POA? POAs are flexible, versatile legal tools that cover a wide scope of issues with one document. A Power of Attorney (POA) can authorize someone to make all of your legal, financial, and medical decisions. This enables you to plan for various scenarios and allows your agent to adapt to diverse needs. This can ensure comprehensive management of all your personal affairs. You also get to choose your agent, ensuring it is someone you trust and who will have your best interests at heart. Choosing this person yourself is often preferable to someone you do not trust making these decisions on your behalf. The biggest word of caution with POAs is choosing an agent that you can trust with your legal, financial, and medical affairs. Because POAs are so flexible, in the hands of someone with ulterior motives, they can lead to overreach. It is critical to vet your potential agents to ensure they are responsible, genuine, and capable. Do you need a Power of Attorney (POA) or a Living Will? The answer is likely: Both!  These documents work together to create a comprehensive estate plan that covers all possible scenarios. Veitengruber Law can help you create an estate plan tailored to your specific needs and goals. We work with clients to establish explicit and detailed documentation that clearly communicates their wishes. Comprehensive estate plans that include a living will and a POA provide peace of mind for you and your loved ones.

When planning for the future, most folks think a will is all they need. A will does a lot. A will can determine who gets what property, who will care for minor children, what kind of funeral arrangements you desire, and so much more. However, a will is not always the best document to handle all of your end-of-life planning needs. Especially if you are leaving behind significant assets, most estate planning attorneys will suggest establishing a trust. But who needs a trust? A trust is a fiduciary arrangement that determines how your assets will be distributed outside of a probate court. For example, most wills still need to go through the probate process to prove their validity and distribute the assets. This means that assets will be brought under public scrutiny, legal proceedings will take place prior to the distribution of assets, and your heirs will likely need to pay estate taxes on any inherited assets. But with a trust, this process can take place outside of the court system. Trusts can also be structured to be effective prior to the death of the grantor, or the person establishing the trust. Trusts can take effect on a specific predetermined date, upon the incapacitation of the grantor, or upon the grantor's death. Trusts can also be utilized to achieve various objectives, such as transferring property, minimizing estate taxes, preserving assets for minors until they reach a certain age, or providing one-time or long-term charitable benefits. Despite the effectiveness of trusts, many are wary of establishing one or think their assets are not "worthy" of a trust. Our experienced estate planning attorney works with clients across NJ to plan for the future. Here is how we determine if a trust is appropriate for your estate plan. 1. You need a highly specific plan. Trusts offer a high level of specificity that wills and other estate planning strategies simply do not. Trusts enable you to specify in advance exactly how, when, and to whom your assets will be distributed. There are also many different special-use trusts that will meet all kinds of estate planning goals. You can establish a trust for a number of reasons, including charitable giving, tax reduction, care for special needs dependents, etc. Some of the most common trusts include: Revocable Trust: A trust that can be revised, changed, or revoked by the grantor at any time throughout their lifetime, as long as they are medically capable. Irrevocable Trust: A trust that cannot be changed or revoked at all after the signing of the agreement. Revocable trusts become irrevocable after the death of the trust owner. Testamentary Trust: A trust that takes effect only after the death of the grantor. Special Needs Trust: A trust designed to benefit a special needs dependent but does not interfere with the receipt of government benefits like Medicaid and Medicare. Charitable Trust : A trust established to provide contributions to charitable causes. These trusts often provide tax benefits to the grantor.  There are different tax liabilities associated with the above trusts. An estate planning lawyer can help you determine the best plan for your estate. Whatever level of specificity you are looking for, a trust can provide the structure through which your specific desires can be legally protected. 2. You are worried about becoming incapacitated. The biggest drawback with relying solely on a will for all your estate planning needs is that a will can only go into effect after you die. Prior to your death, your loved ones will need to rely on a Power of Attorney or medical proxy document to make decisions on your behalf. While these documents do offer some legal and financial protections, they may not be as legally effective as a trust. You can establish the terms of a trust to take effect if and when you become incapacitated. Especially if you are worried about a stroke, mental decline, or some other incapacitating medical event, a trust ensures that your assets are preserved and managed in accordance with your wishes while you are still alive. You can determine how your resources should be used while you are in the care of loved ones or health professionals. 3. You need to protect minors or special needs dependents. When you are planning for the future of minors and special needs dependents, trusts can allow you to control their care even after you are gone. You can provide the funds to ensure their continued financial security while putting limits or requirements on how the money is spent. These trusts can be set up to go into effect while you are alive or after your death. Trusts are extraordinarily flexible in the different ways they can be deployed. For example, when establishing a trust for a special needs dependent, you can appoint a trustee to assist in the management of funds to ensure your intentions for the trust are respected and to protect your loved one. For minor children, you can appoint a trustee to manage assets until they meet a certain age or milestone. This can prevent minors from irresponsibly squandering their inheritance and even protect them from creditors or lawsuits. Are there any downsides to a trust? Trusts offer a more robust and specific estate plan than a will. The terms will be more detailed and specific and therefore need to be held to a higher level of legal scrutiny. Because of this, it is almost always necessary for the person setting up the trust to sit down with an attorney. For this reason, trusts can be more expensive and legally complex. However, these up-front costs frequently save your beneficiaries a significant amount of money in the end. It can also be challenging for individuals unfamiliar with trusts to determine which type of trust is best suited to help them achieve their goals. A skilled estate planning attorney can work with you to determine what kind of trust is right for your situation and help you think through effective terms that align with your wishes. An attorney's job is to work in your best interests. They will be able to recommend an estate plan—with or without a trust—that best protects the assets and people you care about the most. You do not need a significant amount of money or assets to establish a trust. A trust is another critical legal and financial tool that helps you plan for the future, protect your assets, ensure your wishes are fulfilled, and gain peace of mind. Veitengruber Law is an experienced estate planning attorney in NJ. We work with clients to develop strategic estate plans that protect them both legally and financially. We have extensive experience helping clients establish trusts for various purposes. We approach estate planning with compassion and a deep understanding of New Jersey inheritance laws. Contact us today to discover how trusts can safeguard your interests.