If you're representing yourself in a foreclosure case, visit our self-help area.
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 a system in the Superior Court Clerk's Office.
The workplace deals with seven kinds of foreclosures:
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., problems, answers and requests for default) in foreclosure cases. The group performs basic foreclosure case management functions. When a case is contested, 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 info 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 following types might be required in foreclosure cases. See foreclosure mediation (below) for mediation kinds. Self-represented litigants can access our Self-Help page for forms to submit.
Checks or money orders must be made payable to Treasurer - State of New Jersey. Attorneys might use their Judiciary Collateral Account to pay any costs. Cash is declined.
Fee Waiver Request:
Fill out the Filing Fee Waiver Request Form to get a fee exemption. You need to meet monetary for eligibility. This kind needs to accompany your document( s). The form and the documents need to be sent to the General Equity Judge in the county where residential or commercial property lies. 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 rejects the cost waiver demand, you will be informed to submit the cost before the documents can be submitted.
Copy Requests:
For information on obtaining copies of files or files call Client service at 609-421-6100. Requests for records need to remain in composing. Describe Copies of Court Records for more information on submitting a demand.
Foreclosure Mediations & Mediation Services
Free foreclosure mediation is readily available to attempt to save your home. Mediation is a procedure where a neutral third-party hears your case. The mediator 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 imperative to begin requesting mediation as soon as possible following a notification 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 kind. Eligibility requirements pursuant to Rule 4:64 -1 B should be fulfilled. The demand also needs the foreclosure mediation checklist. Use the foreclosure mediation financial worksheet to show monetary eligibility.
If a sheriff's sale is scheduled, 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 turning up all over NJ. You need to protect 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 qualifications, credibility, and experience. Keep an eye out for indication of a scam. Companies might falsely declare to be connected with a not-for-profit or federal government entity, or endorsed by government authorities. You need to maintain individual contact with your lender and mortgage servicer. Your mortgage lender can help you discover real alternatives to avoid foreclosure. You should utilize the totally free HUD/NJHMFA-certified housing counselor. More details consisting of ideas to avoid foreclosure rip-offs are detailed in the general 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 renters in a residential or commercial property dealing with foreclosure might be safeguarded by NJ's Anti-Eviction statute, N.J.S.A. 2A:18 -61.1 to 61.12. Legitimate domestic renters have rights to stay on the residential or commercial property notwithstanding a foreclosure.
Frequently, because loan providers don't know occupants' names, the foreclosure complaint will name "John Doe, Tenants No. 1 to 10." If a loan provider is unaware that the residential or commercial property is leased, a renter might first be outlined the foreclosure when the lender has a writ of possession. See the notification to domestic occupants of rights throughout a foreclosure.
Additional Resources for Foreclosure Help
Legal Services of New Jersey can supply resources and legal support for qualified litigants. The NJ Dept. bloglines.com
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