- Who sends it
- The lender's attorney, after filing the complaint with the Superior Court Clerk's Office in Trenton
- What it starts
- 35 days to file an answer, and 60 days to ask for free court mediation
- Do this first
- Write down the date you received the papers and call Legal Services of New Jersey at 1-888-576-5529
What these papers are in New Jersey
A New Jersey foreclosure is a court case in the Superior Court, Chancery Division, General Equity. The lender files the complaint and a Foreclosure Case Information Statement with the Superior Court Clerk in Trenton, and then has you served. The court's answer packet says the case typically begins after the Notice of Intention to Foreclose and the 30 days it gives you.
Under N.J.S.A. 2A:50-56(f), the complaint must state that the lender complied with the Notice of Intention rules. Compare the dates and amounts in the complaint with the notice you got.
How to count your 35 days
The court's packet "How to File an Answer to a Foreclosure Complaint" (CN 11380) says your answer must be filed within 35 days from the date you receive the summons and complaint. Count from that date, and file early if you can.
Separately, the court's mediation notice says you must apply for free foreclosure mediation within 60 days of receiving the summons and complaint. See the Notice of Foreclosure Mediation Availability.
Contested or uncontested: why your answer matters
- If you file a contesting answer, one that disputes the lender's right to foreclose, the case goes to a General Equity judge in the county where your home is.
- If you do not answer within 35 days, or file a non-contesting answer, the case stays with the Office of Foreclosure and does not go to a judge.
- The court's packet warns that answering a statement in the complaint with "without knowledge or information" counts as a non-contesting response.
- Examples of defenses the packet gives include specific violations of the Fair Foreclosure Act or that you met your obligation to the lender. You must be able to prove any defense you list.
- Answering does not stop the case from moving forward on its own, and not answering does not end your right to cure before final judgment.
What to do this week
- Call the LSNJLAW Hotline at 1-888-576-5529, Monday through Friday, 8:00 a.m. to 5:30 p.m., or apply online. If you do not qualify, contact your county bar association's lawyer referral service.
- Get the court's answer packet from the New Jersey Courts foreclosure self-help page. An answer must include a Foreclosure Case Information Statement, a Certification under Rule 4:5-1, and the filing fee, which the court lists as $175. If you cannot afford it, you can ask for a fee waiver.
- Contact a free NJHMFA counselor now if you want mediation, because the counselor must sign your mediation papers.
- Ask your servicer for a written cure figure. Your right to cure lasts until final judgment.
- Read how long a New Jersey foreclosure takes and our national summons and complaint page.
Scam warnings
Foreclosure filings are public, so expect letters from companies offering to save your home. Free help is available from NJHMFA counselors, the courts' mediation program and Legal Services of New Jersey. Check any consultant's license with the Department of Banking and Insurance, and report scams to the New Jersey Attorney General.
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 answer a foreclosure complaint in New Jersey?
The New Jersey courts say 35 days from the date you receive the summons and complaint. If you do not answer, the case is handled as uncontested by the Office of Foreclosure.
What does it cost to file an answer in a New Jersey foreclosure?
The courts list a $175 fee for an answer, payable to Treasurer, State of New Jersey, and $250 if you add a counterclaim, crossclaim or third-party complaint. You can ask the General Equity judge in your county to waive the fee if you cannot afford it.
What is the Office of Foreclosure?
It is part of the Superior Court Clerk's Office in Trenton. It receives foreclosure complaints and answers, and it handles uncontested cases. Contested cases go to a judge in your county. You can reach it at 609-421-6100.
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.
- 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.