If you're representing yourself in a foreclosure case, visit our self-help area.
The Office of Foreclosure
The foreclosure procedure is a two-tiered system. It involves both the Office of Foreclosure and the Superior Court General Equity judges. The Office of Foreclosure us an unit in the Superior Court Clerk's Office.
The workplace manages seven kinds of foreclosures:
Foreclosure Actions and Foreclosure Processing Services
Foreclosure actions are submitted in the Superior Court. Pleadings are filed with the Office of the Superior Court Clerk, Foreclosure Processing Services in Trenton.
The Foreclosure Processing Services group dockets pleadings (e.g., complaints, responses and requests for default) in foreclosure cases. The team performs basic foreclosure case management functions. When a case is objected to, the team transfers to it General Equity Judges in the vicinages for personality.
You can contact us at 609-421-6100 or SCCO.Mailbox@njcourts.gov for info on the following:
- General Questions and Status Requests
Complaints
Answers
Requests for Default
All correspondence (filings) should be directed to:
Regular Mail
Messenger Service
Foreclosure Forms
The list below kinds might be required in foreclosure cases. See foreclosure mediation (listed below) for mediation types. Self-represented litigants can access our Self-Help page for types to submit.
Checks or cash orders should be made payable to Treasurer - State of New Jersey. Attorneys might utilize their Judiciary Collateral Account to pay any charges. Cash is not accepted.
Fill out the Filing Fee Waiver Request Form to request a charge exemption. You must fulfill monetary requirements for eligibility. This form must accompany your document( s). The kind and the files must be submitted to the General Equity Judge in the county where residential or commercial property lies. The judge will examine the charge waiver request. Once the judge determines eligibility, your documents will be forwarded to the Superior Court 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.
Copy Requests:
For details on getting copies of files or documents call Client service at 609-421-6100. Ask for records need to remain in composing. Refer to Copies of Court Records for more details on sending a demand.
Free foreclosure mediation is offered to attempt to conserve your home. Mediation is a process where a neutral third-party hears your case. The arbitrator 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 procedure. It is imperative to start requesting mediation as quickly as possible following a notice of foreclosure.
The primary step in the procedure is to submit for mediation services. Attorneys or self-represented litigants can complete the declare mediation type. Eligibility requirements pursuant to Rule 4:64 -1 B need to be satisfied. The request likewise requires the foreclosure mediation checklist. Use the foreclosure mediation financial worksheet to reveal financial eligibility.
If a constable's sale is set up, there are 2 statutory stays that can be requested.
Understand rip-offs. Companies that guarantee to assist you get a loan modification, or notifications to rescue your home from foreclosure, are appearing all over NJ. You need to secure yourself and your home from rip-off business that have no regard for you and your home.
You require to thoroughly check the business's credentials, reputation, and experience. Keep an eye out for warning indications of a rip-off. Companies may incorrectly declare to be associated with a not-for-profit or government entity, or backed by federal government authorities. You need to maintain individual contact with your lender and mortgage servicer. Your mortgage loan provider can help you find real alternatives to avoid foreclosure. You must use the free HUD/NJHMFA-certified housing counselor. More details including suggestions to avoid foreclosure scams are outlined in the general public Announcement launched by the Federal Reserve.
Notices to the Bar
Notice - Mortgage Foreclosure Mediation 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 secured by NJ'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 regardless of a foreclosure.
Frequently, due to the fact that lenders don't understand renters' names, the foreclosure problem will call "John Doe, Tenants No. 1 to 10." If a loan provider is unaware that the residential or commercial property is rented, a tenant might initially be outlined the foreclosure when the lending institution has a writ of ownership. See the notice to property renters of rights during a foreclosure.
Additional Resources for Foreclosure Help
Legal Services of New Jersey can supply resources and legal support for certified litigants. The NJ Dept.
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