- Who sends it
- Your mortgage lender or the company that now holds the loan, by registered or certified mail, return receipt requested
- What it starts
- At least 30 days to cure before a lawsuit can be filed; if 180 days pass with no lawsuit, a new notice is required
- Do this first
- Check the cure amount and cure date, then contact a free NJHMFA housing counselor in your county
What this notice is in New Jersey
N.J.S.A. 2A:50-56 says that before a lender can call the whole loan due or start a foreclosure on a residential mortgage, it must give you a written notice of intention that includes a notice of your right to cure. It must be sent by registered or certified mail, return receipt requested, to your last known address and, if different, to the home itself. A copy also goes to the state Department of Community Affairs.
The notice must clearly state the loan, what the default is, your right to cure, the exact payment needed to cure, the date you must cure by, and the name, address and phone number of the person to pay. It must also name a lender representative you can call if you think the default or the amount is wrong, tell you where to find legal help, list possible financial help programs, and say that the lender is licensed or exempt.
It must also tell you about the Judiciary's free Foreclosure Mediation Program and free housing counseling. The courts' flyer "Free Court Foreclosure Mediation is Available" often comes with it.
How to count the deadlines
- The notice is effective on the date it is mailed or handed to you, not the day you sign for it.
- The cure date in the notice must be at least 30 days after that effective date.
- The lender cannot file the lawsuit sooner than 30 days after the notice, and no more than 180 days after it. If 180 days pass with no lawsuit, the lender must send you a new notice before filing.
- Federal rules also apply. Your servicer generally cannot make the first foreclosure filing until you are more than 120 days behind.
What it does and does not mean
- It is not a lawsuit and not a sale. No court case exists yet.
- Your right to cure does not end on the date in the notice. Under N.J.S.A. 2A:50-57, you can cure the default and reinstate the loan at any time up to the entry of final judgment. After a lawsuit is filed, you must also pay court costs and attorney fees, limited by the court rules.
- To cure, you pay all sums that would have been due without the default, any contractual late charges, and allowed costs and fees, in cash, cashier's check or certified check, to the person named in the notice. The lender cannot charge you a fee for using the right to cure.
- You can use this cure right only once every 18 months on the same mortgage, unless you cure by the date given in the notice.
- If you cure before a lawsuit, the lender cannot sue for that default. If you cure after, the lender must tell the court and the case is dismissed.
What to do this week
- Keep the notice and the envelope. Write down the mailing date, the cure amount and the cure date.
- If the amount looks wrong, call the lender representative named in the notice and follow up in writing.
- Contact a free HUD-certified counselor through the NJHMFA Foreclosure Mediation Assistance Program. Pre-foreclosure counseling is free for owner-occupants of 1 to 4 unit homes who are behind or at risk.
- Ask your servicer, in writing, for a loss mitigation application and send it back complete.
- If you cannot afford a lawyer, call Legal Services of New Jersey at 1-888-LSNJ-LAW (1-888-576-5529).
- Read how a New Jersey foreclosure works and how to stop a foreclosure in New Jersey.
Scams that follow this notice
Under New Jersey's Foreclosure Rescue Fraud Prevention Act, a foreclosure consultant must be licensed by the Department of Banking and Insurance and cannot take any money until all promised work is finished. Never sign your deed over to someone who says it will stop the foreclosure. See is this letter a scam and New Jersey foreclosure help.
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 after a New Jersey Notice of Intention to Foreclose can the lender sue?
At least 30 days after the notice is mailed or delivered, and no more than 180 days after. If more than 180 days pass without a lawsuit, N.J.S.A. 2A:50-56(g) requires a new notice before the lender files.
What if I cannot pay by the cure date in the notice?
You still have a right to cure up to the entry of final judgment under N.J.S.A. 2A:50-57, but after the lawsuit starts you also owe allowed court costs and attorney fees. Using a free counselor and applying for loss mitigation early gives you more options.
Is a missing or wrong New Jersey Notice of Intention a defense?
The complaint must state that the lender complied with the notice rules. A missing notice, wrong timing or missing information can be raised in your answer. A lawyer or Legal Services of New Jersey can tell you whether a problem matters in your case.
Can I use the New Jersey right to cure more than once?
Only once every 18 months for the same mortgage, counted from the date of the cure. That limit does not apply if you cure by the date stated in the notice.
Other New Jersey letters
- 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.
- 14-day notice before final judgmentIn an uncontested New Jersey foreclosure, the lender must mail you this notice at least 14 calendar days before it asks for final judgment. It is your last warning that your right to cure ends when judgment is entered. If you mail back a good-faith cure statement within 10 days, the lender must wait at least 46 days.
- 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.
Sources
- N.J.S.A. 2A:50-56 and 2A:50-57, Notice of intention to foreclose; curing of default (New Jersey Statutes, Office of Legislative Services, text updated October 10, 2026)
- New Jersey Courts: Free Court Foreclosure Mediation is Available (CN 11284)
- NJHMFA: Foreclosure Prevention (Foreclosure Mediation Assistance Program)
- Legal Services of New Jersey: LSNJLAW Hotline