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 an unit in the Superior Court Clerk's Office.
The workplace deals with 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 submitted in the Superior Court. Pleadings are filed with the Office of the Superior Court Clerk, Foreclosure Processing Services in Trenton.
The Foreclosure Processing Services group dockets pleadings (e.g., problems, 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 call 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) should be directed to:
Regular Mail
Messenger Service
Foreclosure Forms
The following kinds might be needed in foreclosure cases. See foreclosure mediation (listed below) for mediation kinds. 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 may utilize their Judiciary Collateral Account to pay any fees. Cash is declined.
Fee Waiver Request:
Fill out the Filing Fee Waiver Request Form to use for a cost exemption. You should satisfy monetary requirements for eligibility. This type ought to accompany your document( s). The kind and the files need to be sent to the General Equity Judge in the county where residential or commercial property is located. The judge will review the charge waiver demand. Once the judge identifies eligibility, your files will be forwarded to the Superior Court Clerk's Office for filing. If the judge rejects the cost waiver request, you will be notified to send the cost before the files can be submitted.
Copy Requests:
For info on acquiring copies of files or documents call Customer Service at 609-421-6100. Requests for records need to remain in composing. Refer to Copies of Court Records for more information on submitting a demand. wikipedia.org Foreclosure Mediations & Mediation Services
Free foreclosure mediation is available to try to save your home. Mediation is a procedure where a neutral third-party hears your case. The arbitrator does not decide on the case but guides both parties to an acceptable outcome on their terms. Lenders can still pursue foreclosure actions during the mediation process. It is essential to start requesting mediation as soon as possible following a notice of foreclosure.
The very first action at the same time 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 satisfied. The request also requires the foreclosure mediation checklist. Use the foreclosure mediation monetary worksheet to show financial eligibility.
If a sheriff's sale is arranged, there are 2 statutory stays that can be asked for.
Understand scams. Companies that assure to assist you get a loan modification, or notices to save your home from foreclosure, are appearing all over NJ. You need to protect yourself and your home from scam companies that have no regard for you and your home.
You need to carefully check the business's credentials, track record, and experience. Look out for warning signs of a fraud. Companies might incorrectly declare to be connected with a nonprofit or government entity, or backed by federal government officials. You need to keep individual contact with your lending institution and mortgage servicer. Your mortgage loan provider can assist you discover genuine to avoid foreclosure. You must use the free HUD/NJHMFA-certified housing counselor. More details consisting of pointers to prevent foreclosure frauds are detailed 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 facing foreclosure might be protected by NJ's Anti-Eviction statute, N.J.S.A. 2A:18 -61.1 to 61.12. Legitimate property occupants have rights to stay on the residential or commercial property notwithstanding a foreclosure.
Frequently, since lenders do not understand renters' names, the foreclosure grievance will name "John Doe, Tenants No. 1 to 10." If a lending institution is uninformed that the residential or commercial property is rented, a renter may first be told about the foreclosure when the lender has a writ of possession. See the notice to domestic occupants of rights throughout a foreclosure.
Additional Resources for Foreclosure Help
Legal Services of New Jersey can provide resources and legal help for qualified litigants. The NJ Dept.
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