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Foreclosure Self-Help

1. Home
2. Self-Help
3. Foreclosure Self-Help

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These resources are planned for litigants who are representing themselves in a foreclosure matter. Attorneys should visit our attorney foreclosure resources page.

On This Page

Do I Need a Legal representative?

The court system can be complicated, and it is an excellent concept to get a legal representative if you can. If you can not afford a lawyer, you can call the legal services program in your county to see if you qualify for complimentary legal services.

Legal Services of New Jersey preserves a directory of regional legal services offices or might be reached at 732-572-9100.

The NJ State Bar Association also preserves a list of county recommendation services that might be valuable.

Things to believe about before you represent yourself in court

While you can represent yourself in court, you should not anticipate any special treatment, assistance, or attention from the court. You should still abide by the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and can refrain from doing for you. Please read it thoroughly before asking the court personnel for assistance.

- We can explain and address concerns about how the court works.
- We can tell you what the requirements are to have your case thought about by the court.
- We can give you some information from your case file.
- We can offer you with samples of court kinds that are offered.
- We can provide you with assistance on how to complete kinds.
- We can usually address concerns about court deadlines.
- We can not offer you legal recommendations. Only your attorney can offer you legal recommendations.
- We can not inform you whether you must bring your case to court.
- We can not provide you a viewpoint about what will happen if you bring your case to court.
- We can not recommend a legal representative, however we can supply you with the telephone number of a regional lawyer recommendation service.
- We can not talk with the judge for you about what will take place in your case.
- We can not let you speak to the judge beyond court.
- We can not change an order provided by a judge.

What to Expect in the Foreclosure Process

New Jersey is a judicial foreclosure state. This means foreclosure actions need to go through the court. The Office of Foreclosure and the Superior Court General Equity judges handle the process.

This page provides foreclosure resources for both lenders and debtors.

Pre-Court Actions

The lender needs to alert the debtor with a Notice of Intent to Foreclose (NOI). The notification must include:

- The reason for intent to foreclose.

- The lending institution's interest in the residential or commercial property and contact details.

- The quantity required to treat the financial obligation.

- A description of what will happen if the debt is not treated.

- A declaration that the debtor can sell or move the title.

- Information about the right to work with a lawyer.

- Available resources to cure the debt.

- Information about the foreclosure mediation program.


Debtors have 1 month from receipt of the notification to pay off the financial obligation or make other arrangements with the loan provider. Debtors also have the right to request mediation at this time. If the debtor stops working to satisfy the notification during this duration, the case goes to the court.

How the Court Process Begins

After the 30-day duration, the lender files a foreclosure problem with the Office of Foreclosure. Once the complaint is submitted, it enters a Lis pendens, suggesting a fit is pending. The lender becomes the complainant, and the debtor becomes the accused in the court record. The case receives a docket number.

The complainant should serve the offender with the foreclosure complaint. This can be done through certified mail, a courier service or in individual. The summons will once again consist of info about the mediation program. If the accused plans to challenge the problem, it is strongly recommended they work with a lawyer.

What Happens if the Foreclosure Case is Contested

The defendant then has 35 days to file a response to grievance. Use the packet How to Answer a Foreclosure Complaint to react. The accused needs to specify the factors they are objecting to the foreclosure problem. This could include:

- Defendant believes the complainant violated the Fair Foreclosure Act.

- The accused satisfied their commitment to the complainant.

- The accused was named in a fit however is not debtor.


The case then gets designated to a Superior Court judge in the county where the residential or commercial property lies. A court date is set. Both parties can utilize the How to File a Movement Before a Judge package to submit motions in the lawsuit. Either party can challenge motions with the How to File an Action to a Motion Before a Judge package.

What Happens in Uncontested Foreclosure Cases

If the accused accepts the foreclosure grievance or fails to respond in 35 days, the case is thought about uncontested. Uncontested cases do not go to a judge and stick with the Office of Foreclosure. Plaintiffs can use the packet How to File a Motion in a Foreclosure Case Before the Office of Foreclosure to make modifications to the initial problem. Defendants can object with the How to File a Reaction to a Motion in a Foreclosure Case Before the Office of Foreclosure packet.

Entry of Default, Final Judgment & Options for Debtors

The next event while doing so is the complainant requesting an entry of default with the court. The complainant should provide the defendant a final chance to treat the financial obligation 14 days prior to filing the entry of default. The offender then has 10 days to react to the letter. From that point, the defendant has 45 days to treat the financial obligation or make other arrangements.

If the defendant can not treat the debt in 45 days, the court grants the plaintiff a final judgment. The court will then release a writ of execution. The writ advises the county constable to offer the residential or commercial property at public auction.

Sheriff's Sale and Additional Options for Debtors

The sheriff has 150 days from the writ of execution to auction the residential or commercial property. During this time the debtor and loan provider may ask for two stays each to postpone the sale. A 5th stay is possible if asked for by both parties. In certain cases, accuseds can ask for an extra stay for mediation.

After the sale of the residential or commercial property, the debtor has 10 days to redeem the residential or commercial property. This indicates they can buy the residential or commercial property back or offer it. If the debtor stops working to redeem with 10 days, the earnings of the sale settle what is owed on the mortgage. If the earnings surpass this amount, the remainder returns to the debtor. If profits are less than the quantity owed, the lender can take legal action against the debtor for the remaining quantity.

Contact Info

The Office of Foreclosure is a system in the Superior Court Clerk's Office (SCCO). You can contact us at 609-421-6100

or

[email protected]!.?.! for info on the following:

- General concerns and status demands.- Complaints.- Answers.- Ask for default.

All correspondence (filings )must be directed
to: Regular Mail Messenger Service Foreclosure Processing Services Fees and Fee Waivers Filing Fee Schedule: Checks

or cash orders ought to be made payable to

Treasurer -State of New

Jersey. Attorneys might

use their Judiciary Collateral Account to pay any costs. Cash is not accepted. Do you receive a cost waiver?

Submit the Filling Fee Waiver Request Form to apply for a charge exemption. You should fulfill financial requirements for eligibility. This form needs to accompany your document(s). The type and the documents should be submitted to the General Equity Judge in the county where residential or commercial property lies. The judge will review the cost waiver demand. Once the judge identifies eligibility, your documents will be forwarded to the Superior Court Clerk's Office for filing. If the judge denies the cost waiver demand, you will be informed to send the charge before the documents can be filed.

Foreclosure Mediation

Free foreclosure mediation is readily available to attempt to conserve your home. Mediation is a procedure where a neutral third-party hears your case. The mediator does not pick the case, but guides both parties to an acceptable result. Lenders can still pursue foreclosure actions throughout the mediation procedure. It is essential to begin requesting mediation as soon as possible following a notice of foreclosure.

The first step at the same time is to apply for mediation services. Complete the filing for mediation kind. Eligibility requirements pursuant to Rule 4:64 -1 B should be satisfied. The request likewise requires the foreclosure mediation list. Use the foreclosure mediation financial worksheet to reveal monetary eligibility.

The stay of sheriff's sale notice of movement guidelines form can be utilized when requesting mediation. This just uses when the writ of execution has actually been bought and the offender worked out both stays.

Be Aware of Scams

Companies assuring to get a loan modification or foreclosure rescue are popping up all over New Jersey. You require to secure yourself and your home from scam business.

Carefully examine the business's credentials, credibility, and experience. Look out for caution signs of a fraud. Companies can falsely claim to be affiliated with a non-profit or government entity or backed by federal government authorities. You ought to maintain individual contact with your loan provider and mortgage servicer. Your mortgage lender can help you find real options to avoid foreclosure. You ought to use the complimentary HUD/NJHMFA-certified housing counselor.

Foreclosure for Renters

Renters in a residential or commercial property facing foreclosure might be secured by New Jersey's Anti-Eviction statute, N.J.S.A. 2A:18 -61.1 to 61.12. Legitimate domestic renters have rights to stay on the residential or commercial property during foreclosure.

Sometimes tenants initially find out about the foreclosure when the lender has a writ of ownership. If you are a tenant and are served with a complaint, you should seek advice from a lawyer. You might likewise offer the lending institution's lawyer with a copy of your lease. See the notification to residential renters of rights during a foreclosure.

Additional Resources for Foreclosure Help

Legal services of New Jersey can help supply legal aid. The state's Department of Banking & Insurance offers info on subprime mortgages.