Do i Need an Attorney?

Designated Mt. Laurel Judges
- Designated OPRA Judges
- Family Presiding Judges
- Judges' Biographies
- Judges' Chambers
- Municipal Presiding Judges
- Probate Part Judges
- Special Civil Part Supervising Judges
- Tax Court Judges Directory

- Civil Division Manager Conference Contact List
- Criminal Division Manager Conference Contact List
- Family Division Manager Conference Contact List
- Finance Division Manager Conference Contact List
- Human Resources Division Manager Conference Contact List
- Municipal Division Manager Conference Contact List
- Operations Division Managers Contact List
- Probation Division Manager Contact List

- Access and Fairness Committee
- Diversity, Inclusion, & Community Engagement
- Equal Justice Action Plans

- Find a Case - Civil and Foreclosure Public Access
- Judgment Lien Public Access
- Tax Case Public Access

- Become a Law Clerk
- Benefits
- ADA Accommodations
- EEO/AA - Fair Treatment Contact Information by Vicinage

- Top News
- Supreme Court Correspondence
- Notable Cases

- NJ Judiciary/Dept of Justice Memorandum of Agreement
- Ombudsman Office
- Public Bidding Opportunities
- Publications, Reports, and Statistics
- Student Resources
- Tell Us How We're Doing
- Upcoming Events
- Virtual Museum
- Atlantic
- Bergen
- Burlington
- Camden
- Cape May
- Cumberland
- Essex
- Gloucester
- Hudson
- Hunterdon
- Mercer
- Middlesex
- Monmouth
- Morris
- Ocean
- Passaic
- Salem
- Somerset
- Sussex
- Union
- Warren

Foreclosure Self-Help

1. Home
2. Self-Help
3. Foreclosure Self-Help

Main navigation

- Represent Yourself In Court
- Appeals
- Child Abuse, Kinship, and Adoption
- Child Support and Custody
- Civil eCourts Access
- Collecting Money in a Civil Judgment
- Court Records
- Criminal Justice Programs
- Divorce
- Domestic Violence
- Expunging Your Court Record
- Fee Waiver
- Family Post-Judgment Motions
- Firearm Removal
- Forms Catalog
- Foreclosure
- Guardianship
- Juvenile Delinquency
- Landlord/Tenant
- Legal Reference Materials
- Lawsuits $5,000 or less (Small Claims).
- Lawsuits $20,000 or less (Special Civil).
- Lawsuits over $20,000.
- Municipal Court.
- Name Change.
- Probation Client Portal.
- Rules and References.
- Submit Court Documents Online (JEDS).
- Submit Evidence Files Online.
- Tax Court

These resources are planned for litigants who are representing themselves in a foreclosure matter. Attorneys need to visit our attorney foreclosure resources page.

On This Page

Do I Need an Attorney?

The court system can be complicated, and it is an excellent concept to get a legal representative if you can. If you can not pay for an attorney, you can get in touch with the legal services program in your county to see if you qualify for free legal services.

Legal Services of New Jersey keeps a directory of local legal services offices or might be reached at 732-572-9100.

The NJ State Bar Association also keeps a list of county referral services that might be helpful.

Things to believe about before you represent yourself in court

While you can represent yourself in court, you should not anticipate any special treatment, assistance, or attention from the court. You should still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court personnel can and can refrain from doing for you. Please read it thoroughly before asking the court staff for assistance.

- We can discuss and address questions about how the court works.
- We can inform you what the requirements are to have your case considered by the court.
- We can give you some information from your case file.
- We can provide you with samples of court kinds that are offered.
- We can provide you with assistance on how to submit types.
- We can generally respond to questions about court deadlines.
- We can not give you legal recommendations. Only your legal representative can offer you legal guidance.
- We can not tell you whether or not you need to bring your case to court.
- We can not provide you a viewpoint about what will happen if you bring your case to court.
- We can not suggest a legal representative, but we can offer you with the telephone number of a local legal representative referral service.
- We can not speak to the judge for you about what will take place in your case.
- We can not let you talk with the judge outside of court.
- We can not change an order provided by a judge.

What to Expect in the Foreclosure Process

New Jersey is a judicial foreclosure state. This implies foreclosure actions need to go through the court. The Office of Foreclosure and the Superior Court General Equity judges manage the procedure.

This page offers foreclosure resources for both lenders and debtors.

Pre-Court Actions

The lender must inform the debtor with a Notification of Intent to Foreclose (NOI). The notice needs to include:

- The reason for intent to foreclose.

- The loan provider's interest in the residential or commercial property and contact information.

- The quantity needed to treat the financial obligation.

- An explanation of what will happen if the financial obligation is not cured.

- A statement that the debtor can offer or transfer the title.

- Information about the right to hire an attorney.

- Available resources to cure the debt.

- Information about the foreclosure mediation program.

Debtors have one month from invoice of the notice to settle the debt or make other plans with the loan provider. Debtors also can demand mediation at this time. If the debtor fails to please the notice during this duration, the case goes to the court.

How the Court Process Begins

After the 30-day period, the loan provider files a foreclosure problem with the Office of Foreclosure. Once the complaint is filed, it goes into a Lis pendens, meaning a match is pending. The loan provider becomes the plaintiff, and the debtor ends up being the accused in the court record. The case gets a docket number.

The complainant must serve the offender with the foreclosure complaint. This can be done through qualified mail, a carrier service or face to face. The summons will again consist of info about the mediation program. If the accused plans to challenge the complaint, it is highly advised they employ an attorney.

What Happens if the Foreclosure Case is Contested

The accused then has 35 days to submit an answer to problem. Use the packet How to Answer a Foreclosure Complaint to react. The defendant must specify the reasons they are objecting to the foreclosure problem. This might consist of:

- Defendant believes the complainant broke the Fair Foreclosure Act.

- The accused satisfied their commitment to the plaintiff.

- The offender was named in a match but is not debtor.

The case then gets assigned to a Superior Court judge in the county where the residential or commercial property lies. A court date is set. Both parties can use the How to File a Motion Before a Judge package to file movements in the lawsuit. Either celebration can challenge movements with the How to File an Action to a Motion Before a Judge package.

What Happens in Uncontested Foreclosure Cases

If the accused accepts the foreclosure complaint or stops working to react in 35 days, the case is thought about uncontested. Uncontested cases do not go to a judge and stick with the Office of Foreclosure. Plaintiffs can use the packet How to File a Movement in a Foreclosure Case Before the Office of Foreclosure to make amendments to the original problem. Defendants can object with the How to File a Response to a Motion in a Foreclosure Case Before the Office of Foreclosure package.

Entry of Default, Final Judgment & Options for Debtors

The next occasion in the process is the plaintiff requesting an entry of default with the court. The plaintiff must offer the accused a final opportunity to cure the debt 2 week prior to filing the entry of default. The accused then has 10 days to respond to the letter. From that point, the offender has 45 days to treat the debt or make other arrangements.

If the accused can not treat the debt in 45 days, the court grants the complainant a last judgment. The court will then release a writ of execution. The writ instructs the county sheriff to sell the residential or commercial property at public auction.

Sheriff's Sale and Additional Options for Debtors

The sheriff has 150 days from the writ of execution to auction the residential or commercial property. During this time the debtor and lending institution might ask for 2 stays each to postpone the sale. A 5th stay is possible if requested by both parties. In specific cases, defendants can ask for an additional stay for mediation.

After the sale of the residential or commercial property, the debtor has 10 days to redeem the residential or commercial property. This suggests they can buy the residential or commercial property back or offer it. If the debtor stops working to redeem with 10 days, the earnings of the sale pay off what is owed on the mortgage. If the proceeds surpass this amount, the rest returns to the debtor. If earnings are less than the amount owed, the loan provider can sue the debtor for the remaining amount.

Contact Info

The Office of Foreclosure is a system in the Superior Court Clerk's Office (SCCO). You can contact us at 609-421-6100

SCCO.Mailbox@njcourts.gov!.?.! for info on the following:

- General questions and status demands.- Complaints.- Answers.- Requests for default.

All correspondence (filings )ought to be directed
to: Regular Mail Messenger Service Foreclosure Processing Services Fees and Fee Waivers Filing Fee Schedule: Checks

or money orders must be made payable to

Treasurer -State of New

Jersey. Attorneys may

utilize their Judiciary Collateral Account to pay any fees. Cash is declined. Do you get approved for a fee waiver?

Complete the Filling Fee Waiver Request Form to look for a fee exemption. You need to satisfy financial requirements for eligibility. This type needs to accompany your file(s). The kind and the documents must be submitted to the General Equity Judge in the county where residential or commercial property is located. The judge will examine the charge waiver demand. Once the judge determines eligibility, your files will be forwarded to the Superior Court Clerk's Office for filing. If the judge rejects the cost waiver demand, you will be notified to send the cost before the documents can be submitted.

Foreclosure Mediation

Free foreclosure mediation is available to try to conserve your home. Mediation is a procedure where a neutral third-party hears your case. The conciliator does not pick the case, however guides both parties to an acceptable result. Lenders can still pursue foreclosure actions during the mediation procedure. It is important to begin requesting mediation as quickly as possible following a notification of foreclosure.

The initial step in the process is to declare mediation services. Complete the filing for mediation kind. Eligibility requirements pursuant to Rule 4:64 -1 B must be fulfilled. The request likewise needs the foreclosure mediation checklist. Use the foreclosure mediation financial worksheet to reveal monetary eligibility.

The stay of sheriff's sale notice of motion instructions form can be utilized when asking for mediation. This just applies when the writ of execution has been bought and the accused worked out both stays.

Understand Scams

Companies assuring to get a loan adjustment or foreclosure rescue are turning up all over New Jersey. You require to safeguard yourself and your home from rip-off business.

Carefully examine the company's qualifications, track record, and experience. Watch out for warning indications of a scam. Companies can incorrectly declare to be associated with a non-profit or federal government entity or endorsed by federal government officials. You should keep personal contact with your loan provider and mortgage servicer. Your mortgage loan provider can assist you discover real alternatives to prevent foreclosure. You need to use the totally free HUD/NJHMFA-certified housing therapist.

Foreclosure for Renters

Renters in a residential or commercial property facing foreclosure may be protected by New Jersey's Anti-Eviction statute, N.J.S.A. 2A:18 -61.1 to 61.12. Legitimate property renters have rights to stay on the residential or commercial property throughout foreclosure.

Sometimes occupants initially discover the foreclosure when the lender has a writ of ownership. If you are a tenant and are served with a complaint, you must seek advice from an attorney. You might likewise supply the lending institution's lawyer with a copy of your lease. See the notice to domestic occupants of rights throughout a foreclosure.