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 includes 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 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 treatments.
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 group dockets pleadings (e.g., grievances, answers and requests for default) in foreclosure cases. The team carries out general foreclosure case management functions. When a case is contested, 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 info 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 types could be required in foreclosure cases. See foreclosure mediation (below) for mediation forms. Self-represented litigants can access our Self-Help page for kinds to file.
Checks or money orders ought to be made payable to Treasurer - State of New Jersey. Attorneys may utilize their Judiciary Collateral Account to pay any costs. Cash is not accepted.
Fee Waiver Request:
Complete the Filing Fee Waiver Request Form to look for a cost exemption. You should fulfill monetary requirements for eligibility. This type should accompany your file( s). The type and the files need to be submitted to the General Equity Judge in the county where residential or commercial property lies. The judge will review the cost waiver request. Once the judge figures out eligibility, your documents will be forwarded to the Superior Court Clerk's Office for filing. If the judge rejects the fee waiver request, you will be informed to submit the charge before the files can be submitted.
Copy Requests:
For information on obtaining copies of files or documents call Customer care at 609-421-6100. Ask for records should be in composing. Refer to 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 procedure where a neutral third-party hears your case. The arbitrator does not make a decision on the case but guides both parties to an appropriate outcome on their terms. Lenders can still pursue foreclosure actions during the mediation process. It is important to begin asking for mediation as soon as possible following a notification of foreclosure.
The very first step while doing so is to file for mediation services. Attorneys or self-represented litigants can complete the declare mediation type. Eligibility requirements pursuant to Rule 4:64 -1 B should be satisfied. The request likewise requires the foreclosure mediation checklist. Use the foreclosure mediation financial worksheet to show monetary eligibility.
If a sheriff's sale is arranged, there are 2 statutory stays that can be asked for.
Understand rip-offs. Companies that guarantee to help you get a loan adjustment, or notifications to save your home from foreclosure, are appearing all over NJ. You require to safeguard yourself and your home from scam companies that have no regard for you and your home.
You require to carefully examine the company's credentials, reputation, and experience. Watch out for indication of a rip-off. Companies may wrongly claim to be connected with a not-for-profit or federal government entity, or endorsed by federal government officials. You need to maintain personal contact with your loan provider and mortgage servicer. Your mortgage loan provider can help you discover genuine choices to prevent foreclosure. You ought to use the totally free HUD/NJHMFA-certified housing counselor. More information including ideas to avoid foreclosure scams are described in the general public Announcement released by the Federal Reserve.
Notices to the Bar
Notice - Mortgage 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 may be protected 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, since lenders do not understand occupants' names, the foreclosure grievance will name "John Doe, Tenants No. 1 to 10." If a lending institution is unaware that the residential or commercial property is leased, a tenant may initially be outlined the foreclosure when the lending institution has a writ of belongings. See the notice to residential tenants of rights during a foreclosure. washingtonian.com Additional Resources for Foreclosure Help
Legal Services of New Jersey can supply resources and legal help for certified litigants. The NJ Dept.
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