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| Foreclosure Laws This section is dedicated to the various foreclosure laws to help you understand the legal process. |
This is a discussion on New Jersey Foreclosure Law within the Foreclosure Laws forums, part of the Foreclosure Forum category; Judicial Foreclosure Available: Yes - Non-Judicial Foreclosure Available: No - Primary Security Instrument: Mortgage - Timeline: Typically 90 days - ...
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| Founder Join Date: Aug 2007 Location: Southern California
Posts: 16,887
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Judicial Foreclosure Available: Yes - Non-Judicial Foreclosure Available: No - Primary Security Instrument: Mortgage - Timeline: Typically 90 days - Right of Redemption: Yes - Deficiency Judgments Allowed: Yes In New Jersey, lenders may foreclose on a mortgage in default by using the judicial foreclosure process. Judicial Foreclosure Generally, in judicial foreclosure, a court decrees the amount of the borrowers debt and gives him or her a short time to pay. If the borrower fails to pay within that time, the clerk of the court then advertises the property for sale. Once the process begins, a foreclosure notice must be: 1) posted in the county office of the county where the property is located; 2) posted on the property in foreclosure; and 3) published in two (2) newspapers in the county. The lender must also notify the borrower at least ten (10) days prior to the foreclosure sale. It is possible for the lender to obtain a deficiency judgment and borrowers have a right to redemption and/or objection within ten (10) days after the sale. More information on New Jersey foreclosure laws. source http://www.foreclosurelaw.org/New_Je...losure_Law.htm New Jersey Foreclosure is Judicial. New Jersey Foreclosure Fair Act Letters: The New Jersey Foreclosure Act states that mortgage lenders must send the statutorily required notice letters prior to foreclosure referral. A title search must be ordered and received prior to filing a complaint. A title search is generally received within ten to twenty working days of our receipt of the file. Complaint Filed: The sheriff has 40 days in which to attempt to serve complaint on all defendants including all lien holders of record. Complaint Served: If service is unsuccessful, service may be made by alternative means after due and diligent inquiry. Service is the most difficult and time-consuming aspect of New Jersey foreclosure practice. Once served, defendants have 35 days to file an answer to the complaint. If the USA or the State of New Jersey are defendants, those parties have 60 days to answer the complaint. 10/45 Day Default: After service is completed on all defendants on default has been entered against them, the New Jersey Foreclosure Act requires Notice of Intent to Enter Foreclosure Judgment be sent to defendant/mortgagor, providing at final opportunity to cure the default. If defendant/mortgagor does not respond to the letter, the plaintiff must wait 45 days before entering judgment. Judgment Entered/Writ Of Execution Issued/New Jersey Foreclosure Sale Scheduled: If no response to Complaint is filed by defendants, judgment may be entered for mortgage foreclosure and sale of the property. Simultaneously, a Writ of Execution is issued and is sent to the Sheriff to schedule a Sale. The Sheriff is required to schedule a Sale within 6 months of receipt of the Writ. Foreclosure Sale Date: Sales may be postponed twice by the lender and twice by the defendants. Any other postponements require a Court Order. Bidding instructions are required for all loans. Payment of all settlement charges must be made to the Sheriff within thirty days of the New Jersey Foreclosure Sale or it may be declared null and void. Title and eviction information must be provided immediately after the Sale in order to calculate settlement charges and to provide the Sheriff with the appropriate Assignment of Bid. Ejectment Procedures For New Jersey Foreclosure; Judgment Entered and Writ of Possession Issued: At the conclusion of the Sheriff's Sale, judgment may be entered for possession. Simultaneously, a Writ of Possession is issued and the Sheriff has thirty days to serve the Writ of Possession on defendant. Ejectment Date: After the Sheriff serves the Writ of Possession, the occupants are given twenty days to move. On the twenty-first day after service of the Writ of Possession, if the occupants have not vacated the premises, the attorney telephones the Sheriff's Office to schedule the eviction. The Sheriff will then assign a date for the eviction, which is usually 30 to 90 days from the date the judgment is entered. The client must provide for a moving company and locksmith at the time set by the Sheriff for the lockout. Landlord/Tenant Act: If the property is occupied by a tenant, a separate complaint must be filed in Landlord/Tenant Court. This process may take 60-180 days. source http://www.foreclosureuniversity.com...new_jersey.php
__________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book | Please donate to LoanSafe.org | Loan Modification Training For Attorneys | Rate Your Mortgage ServicerThe comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here. |
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| Member Join Date: Jul 2009
Posts: 19
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: New Jersey Foreclosure Law Hi, I am in Bergen county, my last payment was Dec 2007. I was served with foreclosure notice Nov 2008. Final judgement March 2009, started modification process in April, forebearance agreement July 2009. The court system is so overwhelmed that they are avarageing 3-4 months for a sale date. If you look on the sheriff's site for Bergen county you will see that they are into Nov. so picture three months out for a sale date. Also if you are interested in saving your home even if you have a sale date, NJS has a program where they have mediators working with the lender and the homeowner, this takes place at the court house. The application package contains a form that you complete and take to the sheriff's office to postpone the sale, until an agreement has been met. |
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| Member Join Date: Jul 2009
Posts: 24
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: New Jersey Foreclosure Law My last payment was November 2007. I have been tryng to get a mod since January 2008. The original sale date was December 2008, but it has been postponed 7 times since we have been submitting for a loan mod over and over again. Current sale date is November 4th, but we just entered into the NJ foreclosure mediation program. Hopefully this works because it looks like our only other option is NACA unless the government should come out with a new program. Our investor does not participate in HAMP. I was told by the sheriff's office that the mortgage company can postpone for as long as they like. I have not used my 2 postponements yet. If the house does go to sale, we are told that we would have at least 90 days to vacate. Hope this info helps. |
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| | #5 (permalink) | |
| Senior Member Join Date: Nov 2008
Posts: 113
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: New Jersey Foreclosure Law Quote:
Best regards. acesfull | |
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| Senior Member Join Date: Nov 2008
Posts: 113
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: New Jersey Foreclosure Law Quote:
Has it been 21 months since your last payment? I have heard that the courts and sheriffs offices are back up with cases. I surely need some time to get a better paying job and then fight for a loan mod. Thank you. Take care. Acesfull | |
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| Member Join Date: Jul 2009
Posts: 19
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: New Jersey Foreclosure Law I am in the same boat, playing for time. Hopefuly, by the time this forebearance is over I will have paychecks to submit. The only thing I know for sure, is that I am not losing my home. I view this process as a game of chess. Reading the postings on this site has given my an advantage when dealing with Indymac. I have an idea what their next move is, so I am prepared. |
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| Member Join Date: Jul 2009
Posts: 19
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: New Jersey Foreclosure Law Forgot to mention that I took the mediation course with the state, so I could have a heads up should I have to use the program. Make sure that your mediator knows exactly what you can afford, be prepared to compromise. The attorneys have authorization from the lenders to seal the deal on the spot. Good Luck. |
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| Senior Member Join Date: Oct 2009
Posts: 56
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: New Jersey Foreclosure Law Where can you get info for a mediation program from the state? I am currently waiting for HAMP approval with Wells Fargo but would like all information just in case. Thanks! 90 days no payment. |
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| | #11 (permalink) | |
| Senior Member Join Date: Sep 2009
Posts: 132
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: New Jersey Foreclosure Law Quote:
Thank You. | |
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