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Foreclosure in new Jersey
Terrance McKie edited this page 2 months ago
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Foreclosure In New Jersey
1. Home
- Courts
- Superior Court Clerk's Office
- Foreclosure In New Jersey
Superior Court Clerk's Office
- Copies of Court Records
- Data Reports for Sale
- Electronic Access to Court Records
- Foreclosure
- Pre-foreclosure
If you're representing yourself in a foreclosure case, visit our self-help area.
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 an unit in the Superior Court Clerk's Office.
The workplace deals with 7 types 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 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 requests for default) in foreclosure cases. The group performs general 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 contact us at 609-421-6100 or SCCO.Mailbox@njcourts.gov for details on the following:
- General Questions and Status Requests
- Complaints
- Answers
- Ask for Default
All correspondence (filings) must be directed to:
Regular Mail
Messenger Service
Foreclosure Forms
The following kinds could be required in foreclosure cases. See foreclosure mediation (below) for mediation kinds. Self-represented litigants can access our Self-Help page for forms to file.
Notice-- Foreclosure Filings - Foreclosure CIS - Revised County/Municipal Code Number Table
Filing Fee Schedule
Checks or money orders should be made payable to Treasurer - State of New Jersey. Attorneys might use their Judiciary Collateral to pay any costs. Cash is not accepted.
Fee Waiver Request:
Complete the Filing Fee Waiver Request Form to obtain a cost exemption. You should satisfy financial requirements for eligibility. This form must accompany your file( s). The form and the files must be submitted to the General Equity Judge in the county where residential or commercial property is situated. The judge will evaluate the cost waiver request. Once the judge figures out eligibility, your files will be forwarded to the Superior Court Clerk's Office for filing. If the judge denies the fee waiver request, you will be alerted to send the charge before the files can be filed.
Copy Requests:
For info on getting copies of files or documents call Customer care at 609-421-6100. Ask for records need to remain in writing. Describe Copies of Court Records for more details on submitting a request.
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 arbitrator does not make a choice on the case however guides both parties to an appropriate result on their terms. Lenders can still pursue foreclosure actions during the mediation process. It is necessary to start requesting mediation as soon as possible following a notice of foreclosure.
The first action while doing so is to apply for mediation services. Attorneys or self-represented litigants can complete the filing for mediation form. Eligibility requirements pursuant to Rule 4:64 -1 B need to be satisfied. The request also needs the foreclosure mediation list. Use the foreclosure mediation monetary worksheet to show monetary eligibility.
If a constable's sale is scheduled, there are 2 statutory stays that can be asked for.
Understand frauds. Companies that assure to assist you get a loan modification, or notifications to save your home from foreclosure, are appearing all over NJ. You require to secure yourself and your home from rip-off business that have no regard for you and your home.
You need to carefully examine the company's credentials, track record, and experience. Look out for indication of a rip-off. Companies may falsely declare to be associated with a nonprofit or federal government entity, or backed by government officials. You must preserve individual contact with your lender and mortgage servicer. Your mortgage lender can help you discover genuine alternatives to prevent foreclosure. You must use the totally free HUD/NJHMFA-certified housing therapist. More details consisting of ideas to prevent foreclosure rip-offs are outlined in the 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 facing foreclosure may be protected by NJ's Anti-Eviction statute, N.J.S.A. 2A:18 -61.1 to 61.12. Legitimate residential renters have rights to remain on the residential or commercial property regardless of a foreclosure.
Frequently, since lending institutions do not know occupants' names, the foreclosure problem will name "John Doe, Tenants No. 1 to 10." If a lending institution is uninformed that the residential or commercial property is rented, a tenant may first be told about the foreclosure when the lender has a writ of possession. See the notification to property renters of rights throughout a foreclosure.
reference.com
Additional Resources for Foreclosure Help
Legal Services of New Jersey can supply resources and legal help for qualified litigants. The NJ Dept.