August 5, 2025
Foreclosure is a scary word. You are not only facing an extreme financial setback but also the loss of your home. When letters from your lender start arriving, mentioning foreclosure, it can be a worrying and overwhelming experience. If you’ve fallen behind on your mortgage, it can feel impossible ever to catch up again. After 120 days past due, your lender can begin the foreclosure process. But even a Notice of Foreclosure isn’t the end of the line when it comes to saving your home. If you are looking for foreclosure defense, Metuchen, NJ attorney George Veitengruber and Veitengruber Law can help. We can help you develop a plan to save your home, whether you are a few months late on your mortgage or facing foreclosure. Here are some of our foreclosure defense strategies and how they can help you save your home, get in control of your finances, and finally breathe easier. 1. Work With Your Lender After your first missed payment—or even your second—the best first step is to contact your lender to discuss your options. Until you are 120 days late on your payments, your lender cannot begin foreclosure proceedings. During this time, from the first missed payment, your lender may be open to working out a plan outside of the court system. Foreclosures are time-consuming, expensive, and create a lot of work for lenders. It is as much in their best interest as it is yours to work out a deal before the issue snowballs into foreclosure. Be prepared to explain your financial circumstances. They will likely want to know details about your income, your expenses, and how you propose to pay back your past-due balance while continuing to make your regular mortgage payments. Some common agreements mortgage providers will consider include: Payment Plan: If you can prove that your missed payments were due to a temporary setback or simple mistake, your lender may be willing to put your past-due balance on a payment plan. This will allow you to catch up on past-due payments while remaining current on your mortgage. This path is best for folks who can afford the extra monthly payments until the past-due balance is cleared. Forbearance: Many lenders offer forbearance as an option for those struggling with their mortgage payments. Forbearance allows you to pause your monthly mortgage payments or pay a reduced amount for a specified period, typically up to 12 months. Most lenders have established criteria that borrowers must meet to qualify for forbearance. This is an excellent option for those experiencing a temporary setback, such as income loss, unemployment, or divorce. Loan Modification: In some circumstances, your lender may agree to a loan modification. A loan modification is a permanent change to the terms of your loan. This change is designed to reduce your monthly payments, making them more affordable for your income. While lenders are not obligated to accept your request for a loan modification, they may approve your request if you meet specific hardship parameters. You must demonstrate that you can reasonably pay the lower monthly payments. Some common loan modifications include extending the repayment period, reducing the interest rate, replacing a variable rate with a fixed rate, or even forgiving the principal of the loan. You should expect to provide your lender documentation detailing your credit report, debt, expenses, income, savings, and even retirement account information. Working with a skilled attorney can help you present a compelling case for your loan modification, increasing the likelihood that your lender will accept it. 2. Bankruptcy Once foreclosure proceedings have begun, bankruptcy is one of the most effective tools available to halt legal proceedings. Filing for bankruptcy will kick off the automatic stay period. This means that lenders and creditors cannot initiate legal proceedings for the duration of the bankruptcy case. The automatic stay can provide you with enough time to determine a better path forward, allowing you to keep your home, sell it through a short sale, or get approved for a loan modification. When you are considering which kind of bankruptcy to file, you have two main options: Chapter 7 Bankruptcy: Chapter 7 bankruptcy involves the liquidation of your assets to pay back debts. For some, this may include liquidating the equity in your home to repay your mortgage. While you do not always lose your home through Chapter 7 bankruptcy, it is a possibility. Chapter 13 Bankruptcy: Chapter 13 bankruptcy allows you to create a repayment plan based on your income to repay all of your debt. This repayment plan is structured to be completed in 3 or 5 years. After this period, any remaining debt is discharged. This type of bankruptcy allows you to maintain ownership of your property while also repaying your debts. You must be able to prove that you can make the monthly payments to qualify for Chapter 13. Working with a bankruptcy attorney like Veitengruber Law can help you determine which kind of bankruptcy is right for you. 3. Short Sale A short sale is another option struggling homeowners can consider when facing foreclosure. Before your home is seized, it is possible to sell the property to cover the mortgage debt. If your house sells for less than what you owe, this is called a short sale. If your lender approves the short sale, it can be preferable to foreclosure. While a short sale obviously will not save your home since you are selling it, a short sale can help you recoup some of the cost of your investment and limit the damage to your credit report. To qualify for a short sale, you need to get your lender to approve the sale and provide supporting documentation proving that you are experiencing hardship and must sell your home. Going forward with a short sale can be risky. There is no guarantee that your lender will accept a short sale, nor is there a guarantee that you will find a buyer. A short sale will also remain on your credit report for up to seven years, negatively impacting your score. You may still owe your lender the difference between the total amount you owe and what you receive from the short sale. It is not an ideal solution, and it involves the loss of your home, but it may be preferable to foreclosure. Your best chance of saving your home after missing a mortgage payment is to work with an experienced attorney. When you need top-tier foreclosure defense in Metuchen, NJ, Veitengruber Law is the right choice. Foreclosure is a complex legal process. We can help you understand your legal rights and explore all of your options to determine your best path forward to saving your home.