How does the foreclosure process work in New Jersey?


While a foreclosure action is extremely important and deserves your immediate attention, it is critical to understand that the foreclosure process in New Jersey is long and complicated. Indeed the foreclosure process includes a number of steps between the time you receive a Notice of Intent to Foreclose and the day that your house is sold in a Sheriff’s Sale, which is possible to prevent in certain circumstances if the appropriate steps are taken.

The first step in the foreclosure process involves your receipt of a Notice of Intent to Foreclose. In New Jersey thirty days or more following your receipt of the Notice of Intent to Foreclosure your servicer can file and subsequently serve you with a Summons and a foreclosure Complaint. You have thirty-five days, following the date you were served, to respond to your Complaint. Your Answer to the foreclosure Complaint should be filed with the Office of Foreclosure, which is located in Trenton, New Jersey.

Subsequently, the Office of Foreclosure makes a determination as to whether the Answer is deemed a contesting answer or non-contesting answer. If it is contesting, the case will be assigned to a Judge in the county in which the property is located. Once it is assigned, the Judge will schedule a case management conference to assign discovery and trial dates. Typically, the bank will likely file for Summary Judgment in an attempt to have the case sent back to Trenton and treated as uncontested. If your case survives a Motion for Summary Judgment, the action will then proceed to a trial which will ultimately determine the outcome of the matter. NJ foreclosure defense attorneys can guide those facing foreclosure through the complexities of the foreclosure process.

It is important to note that the foreclosure litigation process is related to but distinct from the modification/home retention process. The Office of Foreclosure and the Chancery Courts are focused on the procedure and rules related to lender’s pursuit of a foreclosure, while the modification application process involves the submission of documents to the lender or the lender’s firm for the review of home retention options. Our firm assists borrowers in navigating both of these realms of the foreclosure.

If you are in foreclosure or at risk of ending up in foreclosure or if you have any related questions call us today at (973) 500-8024 or (212) 960-8308, or submit your contact information below and we can contact you directly.

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