Responding to a Foreclosure Lawsuit in New Jersey: The 35-Day Rule
Receiving a foreclosure complaint is the start of a legal clock. You have exactly 35 days (N.J. Court Rule 4:6-1(a)) to fight back. Ignoring this deadline gives the bank an automatic victory.
In New Jersey, a foreclosure is a lawsuit. Just like any other lawsuit, it begins when you are served with a “Summons and Complaint.” Under New Jersey Court Rule 4:64-1, you have a strict window of 35 days from the date you receive these papers to file a formal written response, known as an “Answer,” with the Superior Court in Trenton.
Many homeowners make the mistake of thinking that calling their bank or sending a hardship letter counts as “responding.” It does not. Unless you file a legal Answer with the court, the foreclosure process continues moving forward against you.
At Friscia & Associates, we specialize in filing Contesting Answers that challenge the bank’s right to foreclose, forcing them to prove every aspect of their case.
What Happens If You Don’t Respond? (Default)
If you fail to file an Answer within the 35-day window, the bank will ask the court to enter a Default against you. Once default is entered:
- You lose the right to be notified of certain future court proceedings.
- You generally lose the right to contest the amount owed.
- The bank can proceed directly to Final Judgment and schedule a Sheriff Sale.
While it is possible to file a “Motion to Vacate Default” later, this is a difficult and expensive legal battle. The court requires you to prove you had “excusable neglect” for missing the deadline. It is far safer and cheaper to respond on time.
What is a “Contesting Answer”?
A proper Answer does more than just say “I’m trying to pay.” It is a legal pleading that addresses the bank’s allegations paragraph by paragraph. A strong Contesting Answer includes Affirmative Defenses, such as:
- Lack of Standing: The bank cannot prove they physically possess the original Note or that the assignment of the mortgage was recorded correctly.
- Notice Violations: The bank failed to send the required “Notice of Intent to Foreclose” at least 30 days before filing suit.
- Predatory Lending: The loan terms violated consumer protection laws like the Truth in Lending Act (TILA).
- Unclean Hands: The servicer acted in bad faith during previous modification attempts.
Why Filing an Answer Helps You (Even if You Owe the Money)
Even if you admit that you missed payments, filing an Answer is a strategic move. By contesting the foreclosure, you:
- Buy Time: A contested foreclosure takes significantly longer than an uncontested one, giving you months (or years) to save money or find a new place to live.
- Open Doors to Mediation: Filing an Answer is often the trigger that allows you to demand entry into the NJ Foreclosure Mediation Program.
- Create Leverage: When the bank knows you are fighting, they are often more willing to negotiate a Loan Modification to resolve the case and avoid legal fees.
Don’t Let the Clock Run Out
The 35-day deadline is real, but if you are close to the limit (or slightly past it), we can often still help. Contact us immediately to assess if we can file an emergency Answer or a Motion to extend time.
Protect your rights before it’s too late.
Call us today at (973) 500-8024 or (212) 960-8308.
Related Foreclosure Resources
- What Is the Foreclosure Process in NJ?
- Will a Loan Modification Stop Foreclosure?
- Does Filing Bankruptcy Stop Foreclosure?
- Understanding the Sheriff’s Sale
- Workout Options for Distressed Homeowners
Back to Foreclosure Defense Services
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.