- Who sends it
- The lender, by registered or certified mail, before it asks the Office of Foreclosure for final judgment
- What it starts
- 10 days from receipt to send a good-faith statement that you can cure within 45 days
- Do this first
- Call the lender contact on the notice for the cure amount, and decide within days whether to send the statement
What this notice is in New Jersey
N.J.S.A. 2A:50-58 applies when the foreclosure is uncontested, meaning no contesting answer was filed. Before the lender asks for final judgment, it must mail you a notice at least 14 calendar days ahead. The notice gives the lender's name and address and the phone number of a representative who can tell you the amount needed to cure.
It must also warn that, unless you respond, the lender will submit its proofs for final judgment, and that once final judgment is entered you lose your right to cure the default under N.J.S.A. 2A:50-57. It is mailed the same way as the Notice of Intention to Foreclose, and it is effective on the date it is mailed or delivered.
How to count the 10, 45 and 46 days
- 14 calendar days: the least time between the notice's mailing and the lender asking for judgment.
- 10 days: you may, no later than 10 days after you receive the notice, mail the lender a statement in which you certify in good faith that you are reasonably likely to be able to pay what is needed to cure within 45 days. Send it by registered or certified mail, return receipt requested, to the address in the notice.
- 45 days: the cure period in your statement runs from the date the notice became effective, not from the date you mail your statement.
- 46 days: if the lender gets your statement, it cannot submit proofs for final judgment with a return date earlier than 46 days after the notice became effective.
What it does and does not mean
- It is not the judgment itself. You can still cure until final judgment is entered.
- Once final judgment is entered, the right to cure by catching up ends. The court then issues a writ of execution, and the county sheriff schedules a sale. See the notice of sheriff's sale.
- Only send the statement if it is true. The law requires a good-faith certification.
- A different version exists. If the lender uses the optional procedure without a sale, which is allowed only if the home was abandoned, surrendered by a deed in lieu, or has no equity as the law defines it, the 14-day notice warns of an order for redemption instead. You then have 30 days after that order is served to ask in writing for a public sale.
What to do this week
- Write down the date the notice was mailed and the date you got it. Count 10 days from receipt.
- Call the lender representative named in the notice and ask for the exact cure amount, including allowed fees.
- If you can likely raise the money within 45 days, for example from family, a refinance or savings, send the good-faith statement by certified mail and keep the receipt.
- Call Legal Services of New Jersey at 1-888-576-5529 or a free NJHMFA counselor right away.
- Read how to stop a foreclosure in New Jersey and our national foreclosure judgment page.
The rest of the New Jersey process
See how foreclosure works in New Jersey, the timeline, ways to stop it and free help in New Jersey, or read the national guide to this letter.
Common questions
How long do I have to respond to a New Jersey 14-day notice?
You may mail a good-faith cure statement no later than 10 days after you receive the notice, by registered or certified mail, under N.J.S.A. 2A:50-58(a)(2).
What does the 46-day rule mean in New Jersey?
If the lender receives your timely statement, it cannot submit proofs for final judgment with a return date earlier than 46 days after the 14-day notice became effective. That gives you time to pay the cure amount.
Can I still catch up after final judgment in New Jersey?
Not under the Fair Foreclosure Act's right to cure, which ends at the entry of final judgment. After that, you may still be able to pay off the full judgment before the sale or redeem within 10 days after it, so talk to a lawyer quickly.
Other New Jersey letters
- Notice of Intention to ForecloseUnder New Jersey's Fair Foreclosure Act, your lender must mail this notice at least 30 days, and no more than 180 days, before it files a foreclosure lawsuit. It must state the exact amount needed to cure the default and the date to pay it. It is a warning, not a lawsuit, and your right to catch up lasts much longer than the date in the letter.
- Summons and Foreclosure ComplaintThe summons and complaint start the foreclosure lawsuit in the Superior Court of New Jersey. You have 35 days from receiving them to file an answer. If you file a contesting answer, a judge in your county hears the case; if you do not answer, the Office of Foreclosure in Trenton handles it as uncontested.
- Notice of Foreclosure Mediation AvailabilityNew Jersey law requires your lender to tell you, in English and Spanish, that you can use the Judiciary's free Foreclosure Mediation Program. You must apply within 60 days of receiving the summons and complaint, with a free housing counselor's signature. Mediation is free, but it does not stop the lawsuit by itself.
- Notice of Sheriff's Sale and upset priceAfter final judgment, the county sheriff must sell the home within 150 days of receiving the writ of execution. You must get a mailed notice of the sale, and the upset price must be posted at least 4 weeks ahead. You can ask the sheriff for 2 adjournments of up to 30 days each without going to court.
- Writ of PossessionA writ of possession is a court order that lets the buyer at the sheriff's sale take possession of the home. The sheriff's office serves it and carries it out. It applies to the former owners, not to tenants protected by New Jersey's Anti-Eviction Act.