If you are served with a foreclosure complaint in New Jersey, you have exactly 35 days under Court Rule 4:6-1(a) to file a written Answer with the court. Missing this deadline allows the lender to obtain a default judgment, effectively forfeiting your right to raise defenses and accelerating the path to a sheriff’s sale. Filing a timely Answer is the single most important step you can take to protect your home.
The 35-Day Deadline
Under NJ Court Rule 4:6-1(a), the deadline to file an Answer to a civil complaint (including a foreclosure complaint) is 35 days from the date of service. Service is typically accomplished by personal service (a process server hands you the complaint) or by certified and regular mail. The 35-day clock begins on the date of service, not the date you actually read the complaint. If you were served by mail, the deadline is typically calculated from the date the mailing was completed. Do not assume you have more time — the 35-day period is strictly enforced.
What Happens If You Do Not Answer
If you fail to file an Answer within 35 days, the lender will request that the court enter a default against you. Once default is entered, the lender files an application for final judgment, and the court may enter a judgment of foreclosure and schedule a sheriff’s sale — all without your input or the opportunity to raise defenses. You may still be able to file a motion to vacate the default judgment under Rule 4:50-1, but this is significantly more difficult than filing a timely Answer. Read our guide on vacating default judgments.
What to Include in Your Answer
A properly drafted Answer to a NJ foreclosure complaint includes three components. First, paragraph-by-paragraph responses to each allegation in the complaint. For each numbered paragraph, you either admit the allegation, deny it, or state that you have insufficient knowledge to admit or deny and therefore deny it. Second, affirmative defenses — these are legal defenses that, even if the lender’s allegations are true, provide a basis for defeating the foreclosure. Common affirmative defenses include lack of standing, Fair Foreclosure Act violations, RESPA violations, dual tracking, predatory lending, statute of limitations, and unconscionability. Third, counterclaims — these are affirmative claims for damages against the lender based on their conduct, such as RESPA violations, Truth in Lending Act violations, or violations of the NJ Consumer Fraud Act.
How to File Your Answer
Your Answer must be filed with the Clerk of the Superior Court in the county where the foreclosure complaint was filed. In New Jersey, foreclosure cases are filed in the county where the property is located. The Answer must also be served on the plaintiff’s attorney. Under NJ Court Rules, you must include a certification of service confirming that you sent a copy of the Answer to the opposing attorney. Filing fees apply, and the Answer must comply with NJ court formatting requirements.
Why Hiring an Attorney Matters
While NJ law permits homeowners to file an Answer without an attorney (pro se), the consequences of a poorly drafted Answer can be severe. A foreclosure defense attorney understands which defenses apply to your specific situation, can identify defenses you may not be aware of (such as standing issues or servicing violations), knows how to properly format the Answer to comply with court rules, can file counterclaims that create leverage in negotiations, and can represent you in all subsequent proceedings including discovery, mediation, and hearings. The cost of hiring an attorney is minimal compared to the potential loss of your home.
Call Friscia & Associates Today
If you have been served with a foreclosure complaint in New Jersey, the clock is ticking. Call Friscia & Associates at (973) 500-8024 immediately to speak with a NJ foreclosure defense attorney who can prepare and file your Answer before the 35-day deadline and begin building your defense.
Legal Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Every foreclosure case is different, and outcomes depend on the specific facts and circumstances involved. If you need legal advice, please contact our office to schedule a consultation.