New Jersey Foreclosure Law

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New Jersey Foreclosure Laws

Typical New Jersey Foreclosure Time Frame – The average New Jersey foreclosure time is between 90 and 120 days.  However it can take longer if the foreclosure is contested.

Judicial Foreclosure – Yes

Non-Judicial Foreclosure – No

Types of Security Instruments – Mortgage

Right of Redemption Period – Yes, various rules and restrictions apply.

New Jersey foreclosure laws are structured to only permit a judicial foreclosure of property and mortgages found to be in default.  Lenders are not allowed to use a non-judicial foreclosure under any circumstances.

The New Jersey foreclosure process begins with the lender filing a complaint of foreclosure with the Superior Court against the borrower in the court that has jurisdiction over the property.  The lender is also required to file a Lis Pendens with the courts as well.  The lender is only permitted to sue for the amount of the mortgage that is in default, and cannot sue for the entire amount that is due. 

According to New Jersey foreclosure law, the lender is required to serve the borrower with a copy of the suit as well as a Notice of Intent to Enter a Judgment of Foreclosure.  The courts will provide a specific amount of time to the borrower in order to correct the default.  If the default is not corrected by, the date ordered a Judgment of foreclosure is ordered and a Writ of Execution is forwarded to the sheriff to use to schedule the sale of the home.  It is required that the borrower be notified about the sale a minimum of 10 days before the date of the sale.

A notice of the sale must be posted in the county office, on the property itself and also published in two different public newspapers in the area where the property is located. 

The sale itself is conducted by a county officer or a sheriff of the county in which the property is located.  The successful bidder is required to pay all monies within 30 days of the date of the sale or the sale is voided. 

In New Jersey, lenders are permitted to sue for a deficiency judgment; however, when this occurs the borrower has a period of six months from the date the judgment is entered to redeem the property.  Without a deficiency judgment borrowers have a period of only 10 days after the date of the sale to redeem the property or contest the sale before the sale is confirmed.  If the borrower contests the sale, the borrower has until the court makes a ruling on the contested sale to redeem the property.

For more information on New Jersey foreclosure laws click here.

 

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The information found on this site is not intended to be legal advice. The foreclosure process is highly case specific and laws vary throughout the United States. Please seek professional legal counsel before entering into any contract regarding any real property or stopping the foreclosure on any real property. By using this site you consent to the terms posted here.