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 us a system in the Superior Court Clerk's Office.
The office handles 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 team dockets pleadings (e.g., complaints, responses and ask for default) in foreclosure cases. The team carries out 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 contact us at 609-421-6100 or SCCO.Mailbox@njcourts.gov for information on the following:
- General Questions and Status Requests
Complaints
Answers
Requests for Default
All correspondence (filings) ought to be directed to:
Regular Mail
Messenger Service
Foreclosure Forms
The following 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 file.
Checks or money orders should be made payable to Treasurer - State of New Jersey. Attorneys might utilize their Judiciary Collateral Account to pay any costs. Cash is not accepted.
Fee Waiver Request:
Fill out the Filing Fee Waiver Request Form to get a cost exemption. You must meet financial requirements for eligibility. This kind ought to accompany your file( s). The kind and the files should be sent to the General Equity Judge in the county where residential or commercial property lies. The judge will evaluate the fee 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 informed to send the cost before the files can be submitted.
Copy Requests:
For information on acquiring copies of files or files call Customer care at 609-421-6100. Requests for records should remain in writing. Refer to Copies of Court Records for more details on submitting a request.
Foreclosure Mediations & Mediation Services
Free foreclosure mediation is readily 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 acceptable result on their terms. Lenders can still pursue foreclosure actions throughout the mediation procedure. It is necessary to begin requesting mediation as soon as possible following a notification of foreclosure.
The primary step at the same time is to submit for mediation services. Attorneys or self-represented litigants can finish the declare mediation type. Eligibility requirements pursuant to Rule 4:64 -1 B should be satisfied. The demand also needs the foreclosure mediation list. Use the foreclosure mediation monetary worksheet to show financial eligibility.
If a constable's sale is set up, there are 2 statutory stays that can be asked for.
Be aware of rip-offs. Companies that assure to help you get a loan modification, or notices to save your home from foreclosure, are turning up 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 thoroughly examine the business's qualifications, track record, and experience. Watch out for indication of a scam. Companies might incorrectly declare to be associated with a nonprofit or federal government entity, or endorsed by government authorities. You need to keep individual contact with your loan provider and mortgage servicer. Your mortgage lender can assist you discover genuine choices to avoid foreclosure. You should utilize the free HUD/NJHMFA-certified housing counselor. More info including tips to avoid foreclosure rip-offs are described 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 tenants in a residential or commercial property facing foreclosure might be safeguarded 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, since loan providers do not know occupants' names, the foreclosure problem will call "John Doe, Tenants No. 1 to 10." If a lending institution is uninformed that the residential or commercial property is rented, an occupant might first be outlined the foreclosure when the loan provider has a writ of belongings. See the notice to residential renters of rights during a foreclosure. threebestrated.com Additional Resources for Foreclosure Help
Legal Services of New Jersey can offer resources and legal support for qualified litigants. The NJ Dept. linkedin.com
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