Home Recovered After Sheriffs Sale

A client’s home was foreclosed by his mortgage lender and sold at a sheriffs sale. He had ten days after the sale to redeem the property by paying the lender. On the tenth day, he contacted me and indicated that he would be able to redeem in a couple of weeks. We filed bankruptcy for him that day on an emergency basis to extend the redemption period for 60 days. Unfortunately, the client could not
come up with the funds to redeem the property.

However, in reviewing the foreclosure docket, I was able to determine that he had not been properly served with the foreclosure summons and complaint. He said that he was not aware of the foreclosure until after the sheriffs sale. We therefore filed a motion to vacate the foreclosure judgment and sheriffs sale. That motion was denied by the court on the basis that the client had allegedly received several notices by certified mail from his lender’s attorney notifying him of various events during the course of the foreclosure.

We then filed an appeal of the denial of that motion. While the appeal was pending, the new owner of the house attempted to lock my client and his family out of their home. We did, that day, file an emergency application to stay the lockout with the trial court. That application was denied. We then filed an emergency application with the Appellate Division to stay the lockout which was also denied.

In the course of these applications, I became aware that the client’s wife had never been served with the foreclosure complaint, and that the lender had dismissed her from the foreclosure lawsuit. Although she was not in title, the wife did have an ownership interest in the house by law by virtue of living there while married to my client.

I then referred the wife to another skilled litigator who filed a motion with the court on an emergency basis to vacate the foreclosure judgment and sheriffs sale because the lender failed to join her as a necessary party to the foreclosure action. We worked together to brainstorm the basis for the motion. Fortunately, that motion was granted and ownership of the home was returned to my client and his wife.

While the foreclosure action is still pending, my client now has the right to either sell the house and pay off the lender, or to cure the mortgage arrears whereon the foreclosure would be dismissed.  It should be noted that curing the arrears involves far less money than redeeming the house from the foreclosure judgment.

This was a complex matter that required immediate attention at several points but happily was resolved in my client’s favor and to his satisfaction.  We never quit!


We selected you because you took time to talk with me at first contact. I believe it was a good 15-20 minute phone conversation involving a mix of business and personal. In fact, you were the only attorney that asked about what it is we wanted. Every other attorney merely quoted a rate for services. As I recall, you did not even mention money until I asked near the end of the conversation. You give attorneys a good name. I only wish the majority of the other attorneys on this planet had your knowledge and demeanor. Satisfied Attorney Client After years of frustration with an incompetent attorney, I had the good fortune of finding Mr. Whelan. His clear and concise communication style led me to hire him after a free consultation and enabled speedy filing of my case. The difficulties of managing a NJ rental property from CA became manageable thanks to his expertise and knowledge about the complex rental laws in NJ. You took time to talk with me at first contact. You were the only attorney that asked about what it is we wanted. Celeste B. I will never forget my attorney's dedication to obtaining a substantial recovery for me under a severe time deadline and with no cooperation from my former lawyer. Also, Mr. Whelan was very accommodating of my limited English throughout the case and my lack of understanding of the American court system. Personal Injury Client Chuck is well versed in business law, real estate law, landlord and tenant law as well as Planning, zoning and land use. Believe me we challenged his patience, creativity and legal knowledge. Chuck's intellect and ability would be enough. However, his integrity is what impresses me as much, if not more. I would highly recommend Chuck for a variety of legal services without hesitation. We are grateful to be associated with Chuck and appreciate his hard work on our behalf. Happy Small Business Client Mr. Whelan is a great lawyer. His main concern is always the client. In every matter that he has represented me, I have been very happy with the way everything worked out. I know I can trust him to protect my interests and rights. Satisfied Small Business Client Mr. Whelan provides critical services to our executive management team. He provides a very straight-forward and practical approach to our legal issues. He is timely and extremely reliable. Happy Client An extremely capable and trustworthy attorney with an excellent legal skill set. He delivers the results you want and practices his craft with a clear sense of honor and integrity. I would recommend him unequivocally to any person or business needing legal representation or counsel. Happy Client Mr. Whelan is a great lawyer. His main concern is always the client. In every matter that he has represented me, I have been very happy with the way everything worked out. I know I can trust him to protect my interests and rights. Satisfied Client Mr. Whelan is very professional and honest. He has a tremendous knowledge of all areas of law and is very practical in his approach. He is extremely effective at bringing a swift conclusion to various matters. He is well respected by his peers. I would highly recommend Mr. Whelan for any real estate, litigation, bankruptcy or contract issues. Happy Small Business Client Charles has been nothing but friendly and professional with handling my legal needs. Charles has also handled most of my family’s legal matters and real estate closings. I have known Charles for many years and whenever I have needed good advice, I turn to him. Over the years he has become a true friend that I would recommend his services to anyone. Thanks Chuck for all you have done for me! Satisfied Client I have hired Mr. Whelan for several deals over years. I know he will respond quickly and provide professional guidance through every phase of my real estate deals. He is easy to talk to and will make you feel like you're his top priority client. Satisfied Real Estate Client Charles gave me sincere and professional legal advice and even guidance how to understand the situation for free. His opinion was highly professional with deep understanding for the law. I trust him and recommend him for anyone who need a first class trustfully lawyer. John Soliman Mr. Whelan is the absolute BEST!!! He's super professional, to the point, yet very compassionate. He knows his stuff!! I found him online and he got back to me ASAP and we got the ball rolling with no holdup. I would definitely recommend his services with no hesitation. He's trustworthy and won't waste your time which everyone can appreciate. Give him a call!! Sadiyah Thompson Previous Next

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