If you're representing yourself in a foreclosure case, visit our self-help section.
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 7 kinds of foreclosures:
1. Residential mortgage
Multi-family/commercial mortgage
In personam tax certificate
Municipal in rem tax certificate
Condominium lien
Strict foreclosure
Fair Foreclosure Act optional procedures.
Foreclosure Actions and Foreclosure Processing Services
Foreclosure actions are filed 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 basic foreclosure case management functions. When a case is objected to, the group transfers to it General Equity Judges in the vicinages for disposition.
You can call us at 609-421-6100 or SCCO.Mailbox@njcourts.gov for info on the following:
The following forms 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 submit.
Checks or cash orders ought to be made payable to Treasurer - State of New Jersey. Attorneys may use their Judiciary Collateral Account to pay any costs. Cash is not accepted.
Fee Waiver Request:
Submit the Filing Fee Waiver Request Form to request a cost exemption. You need to fulfill monetary requirements for eligibility. This type ought to accompany your file( s). The type and the documents need to be sent to the General Equity Judge in the county where residential or commercial property is situated. The judge will review the charge waiver request. Once the judge identifies eligibility, your documents will be forwarded to the Superior Court Clerk's Office for filing. If the judge denies the fee waiver request, you will be notified to submit the cost before the documents can be submitted.
Copy Requests:
For info on getting copies of files or files call Client service at 609-421-6100. Ask for records should 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 conserve your home. Mediation is a process where a neutral third-party hears your case. The conciliator does not make a decision 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 vital to start requesting mediation as quickly as possible following a notice of foreclosure.
The initial step at the same time is to apply 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 met. The request likewise requires the foreclosure mediation checklist. Use the foreclosure mediation financial worksheet to reveal financial eligibility.
If a sheriff's sale is set up, there are 2 statutory stays that can be asked for.
Understand rip-offs. Companies that promise to help you get a loan modification, or notices to rescue your home from foreclosure, are appearing all over NJ. You require to safeguard yourself and your home from rip-off business that have no regard for you and your home.
You require to carefully examine the business's qualifications, credibility, and experience. Watch out for indication of a fraud. Companies might incorrectly declare to be associated with a not-for-profit or federal government entity, or backed by federal government officials. You must maintain individual contact with your lending institution and mortgage servicer. Your mortgage loan provider can assist you find genuine alternatives to avoid foreclosure. You need to utilize the totally free HUD/NJHMFA-certified housing therapist. More details consisting of ideas to prevent foreclosure rip-offs are laid out 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 renters in a residential or commercial property facing foreclosure might be secured by NJ's Anti-Eviction statute, N.J.S.A. 2A:18 -61.1 to 61.12. Legitimate domestic occupants have rights to stay on the residential or commercial property notwithstanding a foreclosure.
Frequently, due to the fact that lenders don't know occupants' names, the foreclosure grievance will call "John Doe, Tenants No. 1 to 10." If a lending institution is unaware that the residential or commercial property is leased, a renter may initially be told about the foreclosure when the loan provider has a writ of possession. See the notification to property occupants 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. stract.com