If you’re representing yourself in a foreclosure case, visit our self-help area.
The Office of Foreclosure
The foreclosure procedure is a two-tiered system. It includes both the Office of Foreclosure and the Superior Court General Equity judges. The Office of Foreclosure us a system in the Superior Court Clerk’s Office.
The workplace deals with seven kinds of foreclosures:
Foreclosure Actions and Foreclosure Processing Services
Foreclosure actions are filed in the Superior Court. Pleadings are filed with the Office of the Superior Court Clerk, Foreclosure Processing Services in Trenton.
The Foreclosure Processing Services team dockets pleadings (e.g., problems, answers and ask for default) in foreclosure cases. The group carries out basic foreclosure case management functions. When a case is objected to, the team transfers to it General Equity Judges in the vicinages for disposition.
All correspondence (filings) should be directed to:
Regular Mail
Messenger Service
Foreclosure Forms
The following kinds might be needed in foreclosure cases. See foreclosure mediation (below) for mediation forms. Self-represented litigants can access our Self-Help page for forms to submit.
Checks or money orders must be made payable to Treasurer - State of New Jersey. Attorneys might use their Judiciary Collateral Account to pay any fees. Cash is not accepted.
Fee Waiver Request:
Complete the Filing Fee Waiver Request Form to look for a charge exemption. You should satisfy financial requirements for eligibility. This kind ought to accompany your document( s). The kind and the files should be submitted to the General Equity Judge in the county where residential or commercial property lies. The judge will review the fee waiver demand. Once the judge determines eligibility, your documents will be forwarded to the Superior Court Clerk’s Office for filing. If the judge denies the fee waiver request, you will be informed to send the fee before the files can be submitted.
Copy Requests:
For information on getting copies of files or files call Customer support at 609-421-6100. Requests for records must be in writing. Describe Copies of Court Records for more details on sending a request.
Foreclosure Mediations & Mediation Services
Free foreclosure mediation is readily available to try to conserve your home. Mediation is a procedure where a neutral third-party hears your case. The conciliator does not make a choice on the case but guides both parties to an acceptable result on their terms. Lenders can still pursue foreclosure actions throughout the mediation process. It is crucial to begin asking for mediation as soon as possible following a notice of foreclosure.
The primary step in the procedure is to declare mediation services. Attorneys or self-represented litigants can complete the filing for mediation form. Eligibility requirements pursuant to Rule 4:64 -1 B must be met. The request also requires the foreclosure mediation checklist. Use the foreclosure mediation monetary worksheet to show monetary eligibility.
If a sheriff’s sale is set up, there are 2 statutory stays that can be asked for.
Be aware of frauds. Companies that promise to assist you get a loan modification, or notifications to save your home from foreclosure, are popping up all over NJ. You require to protect yourself and your home from rip-off companies that have no regard for you and your home.
You require to carefully examine the business’s qualifications, track record, and experience. Watch out for warning signs of a rip-off. Companies may falsely claim to be associated with a nonprofit or government entity, or endorsed by government authorities. You need to maintain personal contact with your lender and . Your mortgage lender can assist you find real options to prevent foreclosure. You need to use the free HUD/NJHMFA-certified housing counselor. More information consisting of tips to prevent foreclosure rip-offs are laid out in the Public Announcement launched by the Federal Reserve.
Notices to the Bar
Notice - Mortgage Foreclosure Mediation Program - Resumption of Availability of Housing Counselors: Notice to Defendants
Residential Mortgage Foreclosure Mediation Program - Rule Relaxation Order
Foreclosure for Renters
Residential renters in a residential or commercial property dealing with foreclosure might be safeguarded by NJ’s Anti-Eviction statute, N.J.S.A. 2A:18 -61.1 to 61.12. Legitimate residential renters have rights to remain on the residential or commercial property notwithstanding a foreclosure.
Frequently, since loan providers don’t know renters’ names, the foreclosure grievance will call “John Doe, Tenants No. 1 to 10.” If a lender is unaware that the residential or commercial property is leased, a renter may initially be outlined the foreclosure when the lender has a writ of ownership. See the notification to domestic tenants of rights throughout a foreclosure.
Additional Resources for Foreclosure Help
Legal Services of New Jersey can provide resources and legal support for certified litigants. The NJ Dept.
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