Denbeaux & Denbeaux

Denbeaux & Denbeaux The primary objective of the firm is to provide legal representation to individual consumers who hav

Formed in 1989, Denbeaux & Denbeaux is a law firm dedicated to providing top level legal representation to its clients. Joshua Denbeaux, Esq., Abigail Denbeaux-Kahl, Senior Associate and Mark Denbeaux of Counsel, as well associate attorneys, represent individuals and businesses in New Jersey state and federal Courts. The firm originally represented small businesses in litigation and performed real

estate closings, as well as the drafting of wills. In 2007 the firm developed an expertise representing homeowners facing foreclosure as we continued our work in family law and estate planning. Today the firm primarily practices civil litigation with a concentration in consumer and family law as well as estate planning. We are successful fighting issues surrounding NJ home foreclosure in both state and federal courts. Our work has been featured in major media sources throughout the country including CNN, MSNBC, NPR, C-SPAN, CBS Evening News, the Associated Press, The Star Ledger, and The Record. We measure success as being able to get our clients to a better place than when they first came to us. The testimonials of a family helped, or justice served speak to this goal.

Chapter 7 and Chapter 13 both temporarily stop a foreclosure, but they work very differently when it comes to helping yo...
08/28/2026

Chapter 7 and Chapter 13 both temporarily stop a foreclosure, but they work very differently when it comes to helping you keep your home.

With a Chapter 13 bankruptcy, you'll work through a court approved repayment plan that allows you to catch up on your missed mortgage payments over time while continuing to make your regular mortgage payments. If you're able to complete that plan, Chapter 13 can provide an opportunity to save your home.

A Chapter 7 bankruptcy works differently. While it can temporarily stop the foreclosure through the automatic stay, it doesn't give you a way to catch up on the missed mortgage payments that caused the foreclosure in the first place. Instead, Chapter 7 is designed to eliminate certain unsecured debts, like credit cards and medical bills, which may free up money to put toward your mortgage.

Because of the long term consequences that come with filing for bankruptcy, I generally don't recommend it as the first option for homeowners facing foreclosure. In many cases, a loan modification or another loss mitigation option may also stop the foreclosure while helping you keep your home, without the lasting impact bankruptcy can have on your financial future.

That doesn't mean bankruptcy is never the right choice. There are situations where it's absolutely the best strategy. But before making that decision, it's important to understand whether there are other options that can accomplish the same goal.

If you're facing foreclosure in New Jersey, don't assume bankruptcy is your only option. Denbeaux & Denbeaux offers free consultations to review your situation, explain the options available, and help you choose the strategy that makes the most sense for your circumstances.

Schedule your free consultation online or by calling (201) 970-6534.

When I meet with someone facing foreclosure, one of the first things I do is go back through the entire foreclosure time...
08/26/2026

When I meet with someone facing foreclosure, one of the first things I do is go back through the entire foreclosure timeline and review everything that happened from the time they first fell behind on their mortgage until today.

I do that because foreclosure isn't just a series of letters and court filings. It's a legal process with rules that lenders are required to follow every step of the way. If those rules weren't followed, it can affect your rights and, in some cases, your ability to save your home.

Most homeowners don't know what their lender is legally required to do throughout the foreclosure process, so they don't know when something may have gone wrong. What looks like a routine foreclosure is sometimes a case where the lender failed to follow the law or mishandled the loan modification process.

That's why reviewing the timeline is so important. My job is to determine whether the lender followed the law from beginning to end. If they didn't, those mistakes may provide defenses to the foreclosure or give you additional legal claims against the lender.

If you're facing foreclosure in New Jersey, Denbeaux & Denbeaux offers free consultations. We'll review your foreclosure timeline, identify any issues that may have occurred along the way, and help you understand what options may be available to protect your home. Schedule your free consultation online or by calling (201) 970-6534.

One of the biggest misconceptions I see is homeowners assuming that because bankruptcy can stop a foreclosure, it must b...
08/21/2026

One of the biggest misconceptions I see is homeowners assuming that because bankruptcy can stop a foreclosure, it must be the best way to save their home.

In my experience, bankruptcy is usually a last resort. There are often other options that can help homeowners stop the foreclosure while putting them in a better position to keep their home.

Bankruptcy can temporarily stop a foreclosure through the automatic stay, but that protection isn't guaranteed. A lender can ask the bankruptcy court to lift the stay, and if the court grants the request, the foreclosure can move forward. Bankruptcy also comes with long-term consequences. Depending on the type of bankruptcy you file, it can remain on your credit report for years, become part of the public record, and affect your ability to borrow in the future.

In many cases, homeowners should also explore loss mitigation options, such as a loan modification. If you've submitted a complete loan modification application that qualifies for RESPA's protections, your lender generally cannot continue moving the foreclosure forward while that application is being reviewed. That means you may be able to stop the foreclosure without filing for bankruptcy at all.

Bankruptcy isn't always the wrong choice, but it shouldn't be the default solution for foreclosure simply because it's the option most people know about. Before making a decision that can affect you for years, it's important to understand whether there are other solutions that may accomplish the same goal with fewer long-term consequences.

If you're facing foreclosure in New Jersey, Denbeaux & Denbeaux offers free consultations. We'll review your situation, explain the options that may be available, and help you determine the strategy that gives you the best chance of protecting your home.

Ready to talk? Schedule a free consultation online or by calling (201) 970-6534.

A lot of homeowners assume that if the bank didn't intentionally do something wrong, there's nothing they can do about i...
08/19/2026

A lot of homeowners assume that if the bank didn't intentionally do something wrong, there's nothing they can do about it.

That's not always true.

Sometimes the problem isn't that the lender was trying to harm you. The problem is that they failed to do something they were supposed to do, and that failure ended up costing you.

I've seen mortgage payments applied incorrectly, causing homeowners to incur unnecessary fees. I've seen loan modification applications mishandled, allowing the foreclosure process to move forward when it shouldn't have. I've also seen homeowners lose valuable foreclosure alternatives because important deadlines weren't communicated or the lender failed to properly process their application.

In legal terms, this is often referred to as negligence.

The important thing to understand is that the lender doesn't have to act intentionally for you to have a legal claim. If their carelessness causes you financial harm, damages your credit, or contributes to a foreclosure, you may still have legal options.

If you believe your lender's mistakes affected your ability to save your home, Denbeaux & Denbeaux offers free consultations. We'll review what happened, explain your rights, and help you determine whether you may have a claim against your lender.

Schedule a free consultation online or by calling (201) 970-6534.

One of the first questions homeowners ask me is, "If I file for bankruptcy, how long will it stop my foreclosure?"If it'...
08/14/2026

One of the first questions homeowners ask me is, "If I file for bankruptcy, how long will it stop my foreclosure?"

If it's your first bankruptcy, the automatic stay generally goes into effect as soon as you file. In a Chapter 7 bankruptcy, that protection often lasts until the case is over, which is usually around three to five months. If you file Chapter 13, it can last much longer while you're working through your repayment plan.

The problem is that many homeowners assume the automatic stay is guaranteed just because they filed for bankruptcy. It isn't.

Your lender can ask the bankruptcy court to lift the automatic stay before your case is over. If the court grants that request, the foreclosure process can continue even though you're still in bankruptcy.

That's one of the reasons I generally don't recommend bankruptcy as the first option for homeowners facing foreclosure. Some people file primarily for the automatic stay, only to have the stay lifted early or, in some situations, not receive one at all.

If your goal is to stop the foreclosure and save your home, there may be other options worth exploring first. Depending on your situation, a loan modification or another loss mitigation option may also stop the foreclosure without the long term consequences of filing for bankruptcy.

If you're in New Jersey and dealing with foreclosure, Denbeaux & Denbeaux offers free initial consultations. We'll review your situation, explain your options, and help you determine the best path forward.

Ready to talk? Schedule a free consultation online or by calling (201) 970-6534.

One of the more common reasons homeowners end up with legal claims against their lender is because they relied on inform...
08/12/2026

One of the more common reasons homeowners end up with legal claims against their lender is because they relied on information the bank gave them, only to find out later that it wasn't true.

Maybe someone told you your foreclosure wouldn't move forward while your loan modification application was being reviewed, so you didn't rush to explore other options. Then a few weeks later, you were served with foreclosure papers.

Or maybe you were told that making extra mortgage payments would reduce your principal balance, only to discover those payments had actually been applied to fees or interest instead.

I've also seen homeowners told they didn't qualify for a loan modification, only to find out later that they actually did.

Homeowners make important financial decisions based on what their lender tells them. When that information is false or misleading, the consequences can be serious. You might miss important deadlines, lose opportunities to save your home, or make financial decisions you never would have made if you had been given accurate information.

In some situations, this can be considered misrepresentation. If a lender provides false or misleading information, you reasonably rely on it, and you're harmed as a result, you may have legal rights.

That's also why I always encourage homeowners to save everything. Keep your letters, emails, mortgage statements, and even notes from phone calls. If there's ever a dispute about what you were told, that documentation can make a significant difference in your case.

If you believe your lender gave you false or misleading information that resulted in harm, Denbeaux & Denbeaux offers free consultations. We'll review your situation and help you determine whether you may have a claim against your lender.

You can schedule a free consultation online or by calling us at (201) 970-6534.

One of the most common questions I get from homeowners facing foreclosure is whether they should file for bankruptcy to ...
08/07/2026

One of the most common questions I get from homeowners facing foreclosure is whether they should file for bankruptcy to save their home.

The answer is that bankruptcy may stop the foreclosure, but stopping a foreclosure and saving your home are not the same thing.

When you file for bankruptcy, an automatic stay generally goes into effect immediately. An automatic stay prevents your lender from continuing most foreclosure activity while the stay is in place and can even pause a scheduled Sheriff’s Sale.

That can give you valuable time, but it does not erase the missed mortgage payments or guarantee that you will keep your home.

The automatic stay is temporary. Unless you use that time to catch up on your mortgage, obtain a loan modification, complete a Chapter 13 repayment plan, or find another long-term solution, the lender may be able to resume the foreclosure once the stay ends.

You should think about an automatic stay as an opportunity, not a solution. It gives you breathing room to work toward saving your home, but it does not save the home on its own.

Bankruptcy can be the right strategy in some cases. But in most foreclosure cases, it is not the first option I recommend because there may be other ways to stop foreclosure without the long-term financial consequences of filing for bankruptcy.

If you are facing foreclosure in New Jersey, do not file for bankruptcy simply because it feels like the only way to stop the sale. Denbeaux & Denbeaux offers free consultations to review your situation, explain the alternatives available, and help you determine which strategy gives you the best chance of protecting your home. Schedule your free consultation online or by calling us at (201) 970-6534.

A lot of homeowners assume that if their mortgage company made a mistake, there's nothing they can do because mistakes h...
08/05/2026

A lot of homeowners assume that if their mortgage company made a mistake, there's nothing they can do because mistakes happen.

And that's true...to a point.

Banks make mistakes just like anyone else. Payments get applied incorrectly, documents get lost, and loan modification applications aren't always handled the way they should be.

The question isn't whether a mistake happened. The question is what happened after the mistake.

If the lender identified the problem and corrected it, that's one thing. But if they ignored it, refused to fix it, or allowed those mistakes to continue while your financial situation got worse, the issue may become a legal violation.

A servicing error that costs you money, damages your credit, delays your ability to save your home, or contributes to a foreclosure may be grounds for a legal claim. That's why it's important not to assume every problem is just "bad customer service.

If you're facing foreclosure in New Jersey and believe your lender mishandled your loan, Denbeaux & Denbeaux offers free consultations. We'll review your situation, explain what happened, and help you determine whether your lender's actions may have affected your rights. Visit us online or call (201) 970-6534 to schedule your free consultation.

One of the biggest misconceptions about foreclosure is that once you fall behind on your mortgage, there's nothing you c...
07/31/2026

One of the biggest misconceptions about foreclosure is that once you fall behind on your mortgage, there's nothing you can do.

That's simply not true.

When we speak with homeowners, there are usually two important questions we need to answer:

1️⃣ Is the foreclosure legally valid?

2️⃣ Even if it is, are there options that could help you avoid foreclosure?

Those are two completely different conversations.

Depending on your situation, there may be legal issues with the foreclosure itself, or you may qualify for options like a loan modification, repayment plan, mediation, or another loss mitigation solution.

The biggest mistake you can make is assuming you're out of options without finding out.

The longer you wait, the fewer options you may have.

If you're facing foreclosure in New Jersey, don't assume it's too late. Denbeaux & Denbeaux offers free consultations to review your situation and explain what options may be available.

Visit us online or call (201) 970-6534 to schedule your free consultation.

One of the most frustrating calls I get from homeowners starts like this:"Josh, the bank told me my loan modification wa...
07/29/2026

One of the most frustrating calls I get from homeowners starts like this:

"Josh, the bank told me my loan modification was under review... so why am I still getting foreclosure notices?"

It's a fair question.

In many situations, federal rules are designed to prevent lenders from moving a foreclosure forward while reviewing a complete loan modification application. Homeowners shouldn't have to fight a foreclosure while also trying to qualify for a loan modification.

But sometimes, lenders continue moving the foreclosure forward anyway (even though it is illegal).

This is known as dual tracking.

If you've submitted a complete loan modification application at least 37 days before a scheduled Sheriff's Sale, your lender generally cannot move forward with the sale while your application is being reviewed.

That doesn't mean every lender follows the rules.

If your loan modification is under review and you're still receiving foreclosure notices, court papers, or a Sheriff's Sale date, don't assume that's just part of the process. It may be a sign that your rights have been violated.

If you're facing foreclosure in New Jersey, Denbeaux & Denbeaux offers free consultations to review your situation and determine whether your lender may have violated your rights.

Visit us online or call (201) 970-6534 to schedule your free consultation.

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372 Kinderkamack Road #5
Westwood, NJ
07675

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