Streams

Renters and Foreclosure

Wednesday, December 24, 2008

Diane Sterner, Executive Director of the Housing and Community Development Network of New Jersey discusses the rights of New Jersey tenants living in foreclosed properties.

Guests:

Diane Sterner
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Comments [4]

hazell m.negron from ewing,nj

The mortgage information provided 9-30-2008 has been unsucessful for me.The individuals indicated they would definitely assist,yet I have been "getting the run around" The press conference made promises to the nj Trenton and Ewing home owners. Where is the help? What happened to "quote" We will definitely assist!!!!!!!!!!!!!!!! The reply I received was 12 consecutive payments to get assistance!! after the press conference!!
Well MOST HOME OWNERS would not need assistance if they had 12 consecutive payments.
Governor,Mayor and Bank Owners we are depending on you to TELL US THE TRUTH!!!

Jan. 15 2009 09:19 PM
Matt Shapiro from Hackensack, NJ

Ever wonder why New Jersey renters are protected against foreclosure evictions, while tenants in other states are not? Answer - The New Jersey Tenants Organization. Formed 40 years ago, this membership group, funded only by membership dues and contributions, has been fighting for and winning rights for tenants.

In 1974, the NJTO won the passage of the "Eviction for Just Cause Law," the most important tenant law in the country, which sets out JUST causes for eviction. Foreclosure doesn't happen to be one of them. If a bank or other mortgage holder takes title to the property, that entity is the new landlord, with the same responsibilities as the old landlord, and with no special rights.

In 2006, the NJTO won the passage of a law which made it a criminal act (a disorderly persons offense) for a landlord, or anyone representing the landlord, to illegally lock out a tenant. The police are now supposed to protect the tenant while they legally break back in to their homes. The police are also supposed to warn the landlord of the criminal violation and should arrest a landlord who does not comply by letting the tenant back in. Shutting off vital services like heat, electricity and water is the same as putting a lock on the door, and yields the same criminal violations, if there is no court ordered warrant for removal executed by an officer of the court.

These are just two of the many laws won by the NJTO in the past 40 years, and we're looking forward to winning many more in the future.

Tenants who want to support the NJTO, and also learn about their rights as a tenant, should become a member. Just call 201-342-3775 and you'll find out what you need to know.

Dec. 24 2008 09:07 PM
mike from new york

Maybe she should take a new appraisal and show the bank the current value, ( chances are the security of the loan isn't there, especially when taking all costs in account, plus the price of eviction, and foreclosure sale price), and state the payment she can for sure afford, and try to persuade the bank that just by way of taking legal action and incurring cost will not get them any were, rather compromise, not on the premium , but on the interest term etc. and give them the option that the new payment rate and term will only kick in after six month of "timely payments", otherwise the old terms stay, and they benefited some payments,( for the cost incurred through this tough period) this benefit, plus showing her good will to stay and keep up the properties condition, might tick them over to the right direction.

Making a bad loan worse, won't do any good, Trying to fix it might.

Wishing her the best.

Dec. 24 2008 01:33 PM
O from Forest Hills

For the landlady that called in foreclosure,

This is the NJ bar association website:

http://www.njsba.com/contact/

and the legal services of nj website

http://www.lsnj.org/

and the NJ legal helpline is 1-888-LSNJ-LAW.

I am a Paralegal in NY state, soon to be lawyer so I can't give you advice but if you contact these associations above, they will point you in the direction of finding a lawyer that will help and may not charge.

Check them out,

as a friend, I wouldn't tell the tenant, they will most likely stiff the rent and not pay you. You have to look out for yourself, no one else in this world will, and only discuss with the lawyer or the bar association, one of your friends might call the tenant and tip them off. There are a lot of big mouths in this world.

Dec. 24 2008 10:49 AM

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