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 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 office handles 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 team dockets pleadings (e.g., complaints, responses and demands for default) in foreclosure cases. The team carries out basic foreclosure case management functions. When a case is objected to, the team 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:
- General Questions and Status Requests
Complaints
Answers
Ask for Default
All correspondence (filings) need to be directed to:
The following kinds could be needed in foreclosure cases. See foreclosure mediation (below) for mediation kinds. Self-represented litigants can access our Self-Help page for kinds to file.
Checks or money orders should be made payable to Treasurer - State of New Jersey. Attorneys may use their Judiciary Collateral Account to pay any charges. Cash is not accepted.
Fee Waiver Request:
Complete the Filing Fee Waiver Request Form to look for a charge exemption. You need to fulfill financial requirements for eligibility. This kind ought to accompany your document( s). The form and the documents ought to be submitted to the General Equity Judge in the county where residential or commercial property is situated. The judge will examine the cost waiver request. 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 informed to send the fee before the documents can be filed.
Copy Requests:
For information on acquiring copies of files or files call Customer care at 609-421-6100. Requests for records need to be in composing. Describe Copies of Court Records for more information on submitting a demand.
Foreclosure Mediations & Mediation Services
Free foreclosure mediation is available to attempt to save your home. Mediation is a process where a neutral third-party hears your case. The mediator does not make a decision on the case but guides both to an appropriate result on their terms. Lenders can still pursue foreclosure actions during the mediation procedure. It is important to begin requesting mediation as quickly as possible following a notice of foreclosure.
The initial step while doing so is to file for mediation services. Attorneys or self-represented litigants can finish the declare mediation kind. Eligibility requirements pursuant to Rule 4:64 -1 B need to be satisfied. The demand likewise requires the foreclosure mediation list. Use the foreclosure mediation monetary worksheet to reveal financial 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 assist you get a loan modification, or notifications to rescue your home from foreclosure, are appearing all over NJ. You need to safeguard yourself and your home from fraud companies that have no regard for you and your home.
You require to carefully inspect the company's qualifications, credibility, and experience. Keep an eye out for caution indications of a fraud. Companies might wrongly claim to be connected with a nonprofit or federal government entity, or backed by government authorities. You ought to keep individual contact with your lending institution and mortgage servicer. Your mortgage lending institution can help you discover real alternatives to avoid foreclosure. You ought to use the totally free HUD/NJHMFA-certified housing counselor. More info including tips to avoid foreclosure frauds are described 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 dealing with foreclosure may be secured by NJ's Anti-Eviction statute, N.J.S.A. 2A:18 -61.1 to 61.12. Legitimate residential occupants have rights to remain on the residential or commercial property notwithstanding a foreclosure.
Frequently, because lenders don't know renters' 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 may first be outlined the foreclosure when the lender has a writ of possession. See the notification to domestic renters of rights during a foreclosure.
Additional Resources for Foreclosure Help
Legal Services of New Jersey can supply resources and legal help for certified litigants. The NJ Dept. census.gov
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