If you’re representing yourself in a foreclosure case, visit our self-help section.
The Office of Foreclosure
The foreclosure process 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:
1. Residential mortgage
Multi-family/commercial mortgage
In personam tax certificate
Municipal in rapid eye movement tax certificate
Condominium lien
Strict foreclosure
Fair Foreclosure Act optional treatments.
Foreclosure Actions and Foreclosure Processing Services
Foreclosure actions are submitted in the Superior Court. Pleadings are submitted with the Office of the Superior Court Clerk, Foreclosure Processing Services in Trenton.
The Foreclosure Processing Services group dockets pleadings (e.g., grievances, responses and ask for default) in foreclosure cases. The team performs general foreclosure case management functions. When a case is contested, the group transfers to it General Equity Judges in the vicinages for personality.
All correspondence (filings) need to be directed to:
Regular Mail
Messenger Service
Foreclosure Forms
The list below kinds might be needed in foreclosure cases. See foreclosure mediation (listed below) for mediation forms. Self-represented litigants can access our Self-Help page for forms to file.
Checks or money orders ought to be made payable to Treasurer - State of New Jersey. Attorneys might use their Judiciary Collateral Account to pay any charges. Cash is not accepted.
Fee Waiver Request:
Fill out the Filing Fee Waiver Request Form to request a cost exemption. You should satisfy monetary requirements for eligibility. This kind should accompany your document( s). The form and the documents need to be sent to the General Equity Judge in the county where residential or commercial property lies. The judge will evaluate the cost waiver request. Once the judge figures out eligibility, your documents will be forwarded to the Superior Court Clerk’s Office for filing. If the judge rejects the fee waiver demand, you will be notified to send the cost before the documents can be filed.
Copy Requests:
For info on getting copies of files or files call Customer Service at 609-421-6100. Requests for records must be in writing. Refer to Copies of Court Records for more details on submitting a demand.
Foreclosure Mediations & Mediation Services
Free foreclosure mediation is available to try to save your home. Mediation is a procedure where a neutral third-party hears your case. The mediator does not make a choice on the case however guides both celebrations to an acceptable result on their terms. Lenders can still pursue foreclosure actions during the mediation process. It is imperative to start asking for mediation as soon as possible following a notice of foreclosure.
The first action in the process is to submit for mediation services. Attorneys or self-represented litigants can complete the filing for mediation kind. Eligibility requirements pursuant to Rule 4:64 -1 B need to be met. The request likewise needs the foreclosure mediation list. Use the foreclosure mediation financial worksheet to reveal monetary eligibility.
If a sheriff’s sale is set up, there are 2 statutory stays that can be asked for.
Be mindful of rip-offs. Companies that promise to help you get a loan adjustment, or notices to save your home from foreclosure, are popping up all over NJ. You need to secure yourself and your home from scam business that have no regard for you and your home.
You require to carefully examine the company’s qualifications, credibility, and experience. Keep an eye out for indication of a scam. Companies may falsely declare to be affiliated with a nonprofit or government entity, or endorsed by federal government authorities. You need to maintain personal contact with your loan provider and mortgage servicer. Your mortgage loan provider can assist you find real options to prevent foreclosure. You need to utilize the free HUD/NJHMFA-certified housing therapist. More information including tips to avoid foreclosure rip-offs are laid out in the general public Announcement released by the Federal Reserve.
Notices to the Bar
Notice - Mortgage ForeclosureMediation Program - Resumption of Availability of Housing Counselors: Notice to Defendants
Residential Mortgage Foreclosure Mediation Program - Rule Relaxation Order
Foreclosure for Renters
Residential occupants in a residential or commercial property dealing with foreclosure may be protected by NJ’s Anti-Eviction statute, N.J.S.A. 2A:18 -61.1 to 61.12. Legitimate property occupants have rights to remain on the residential or commercial property regardless of a foreclosure.
Frequently, because lenders don’t understand occupants’ names, the foreclosure problem will name “John Doe, Tenants No. 1 to 10.” If a lender is uninformed that the residential or commercial property is rented, a renter might initially be informed about the foreclosure when the loan provider has a writ of possession. See the notice to property occupants of rights throughout a foreclosure.
Additional Resources for Foreclosure Help
Legal Services of New Jersey can offer resources and legal support for qualified litigants. The NJ Dept.
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