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 workplace manages 7 types 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 group dockets pleadings (e.g., grievances, answers and ask for default) in foreclosure cases. The group carries out general 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 details on the following:
- General Questions and Status Requests
Complaints
Answers
Requests for Default
All correspondence (filings) must be directed to:
Regular Mail
Messenger Service
Foreclosure Forms
The list below forms could be required in foreclosure cases. See foreclosure mediation (below) for mediation types. Self-represented litigants can access our Self-Help page for types to file.
Checks or cash orders need to be made payable to Treasurer - State of New Jersey. Attorneys might use their Judiciary Collateral Account to pay any charges. Cash is declined.
Fee Waiver Request:
Submit the Filing Fee Waiver Request Form to look for a fee exemption. You should fulfill monetary requirements for eligibility. This form needs to accompany your document( s). The type and the documents ought to be sent to the General Equity Judge in the county where residential or commercial property lies. The judge will evaluate 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 rejects the cost waiver request, you will be informed to submit the cost before the files can be filed.
Copy Requests:
For details on getting copies of files or files call Customer Service at 609-421-6100. Requests for records need to be in composing. Describe Copies of Court Records for more information on submitting a request.
Foreclosure Mediations & Mediation Services
Free foreclosure mediation is readily available to try to save your home. Mediation is a process where a neutral third-party hears your case. The conciliator does not decide on the case but guides both parties to an acceptable result on their terms. Lenders can still pursue foreclosure actions throughout the mediation process. It is crucial to begin asking for mediation as soon as possible following a notice of foreclosure.
The primary step while doing so is to apply for mediation services. Attorneys or self-represented litigants can finish the declare mediation type. Eligibility requirements pursuant to Rule 4:64 -1 B must be fulfilled. The demand also requires the foreclosure mediation checklist. Use the foreclosure mediation financial worksheet to show financial eligibility.
If a sheriff's sale is arranged, there are 2 statutory stays that can be requested.
Understand rip-offs. Companies that assure to help you get a loan modification, or notices to rescue your home from foreclosure, are popping up all over NJ. You need to safeguard yourself and your home from fraud companies that have no regard for you and your home.
You need to carefully examine the company's credentials, credibility, and experience. Look out for caution signs of a fraud. Companies may incorrectly declare to be associated with a not-for-profit or federal government entity, or backed by federal government authorities. You need to preserve individual contact with your lending institution and mortgage servicer. Your mortgage lender can assist you discover genuine alternatives to avoid foreclosure. You need to use the free HUD/NJHMFA-certified housing counselor. More information including ideas to avoid foreclosure rip-offs are described in the Public Announcement released 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 dealing with foreclosure may be safeguarded by NJ's Anti-Eviction statute, N.J.S.A. 2A:18 -61.1 to 61.12. Legitimate domestic occupants have rights to remain on the residential or commercial property notwithstanding a foreclosure.
Frequently, due to the fact that loan providers do not know renters' names, the foreclosure problem will call "John Doe, Tenants No. 1 to 10." If a lending institution is unaware that the residential or commercial property is rented, an occupant might first be told about the foreclosure when the lending institution has a writ of belongings. See the notification to property renters of rights throughout a foreclosure.
Additional Resources for Foreclosure Help
Legal Services of New Jersey can supply resources and legal help for certified litigants. The NJ Dept.