The foreclosure process in New Jersey is a two-tiered system involving both Superior Court General Equity judges and the staff of the Office of Foreclosure. The Office of Foreclosure is a unit in the Superior Court Clerk’s Office. The Office of Foreclosure handles seven types of foreclosure actions: (1) residential mortgage foreclosure; (2) multi-family/ commercial mortgage foreclosure; (3) in person am tax certificate foreclosure; (4) municipal in rem tax certificate foreclosure; (5) condominium lien foreclosure; (6) strict foreclosure (to remedy foreclosure action errors) and (7) Fair Foreclosure Act optional foreclosure procedures.
Foreclosure actions are filed in the Superior Court, Chancery Division, General Equity Part. All Foreclosure pleadings are filed with the Office of the Superior Court Clerk, Foreclosure Processing Services in Trenton. The types of liens that can be foreclosed are mortgages, municipal tax liens and condominium or homeowner association liens for unpaid assessments.
If a landlord rents out a home or other property and that home or property is facing foreclosure, residential tenants may be protected by New Jersey’s Anti-Eviction statute, N.J.S.A. 2A:18-61.1 to 61.12. Legitimate residential tenants have rights to stay on the property notwithstanding a foreclosure.
Frequently, because lenders do not know tenants’ names, the foreclosure complaint will name “John Doe, Tenants No 1 to 10.” If a lender is unaware that the property is rented, a tenant may first be told about the foreclosure when the lender has a writ of possession and is attempting to remove the property’s occupants. If you are a tenant and are served with a complaint, you should consult an attorney. You may also provide the lender’s attorney with a copy of your lease.
Companies that promise to help you get a loan modification or to rescue your home from foreclosure are popping up all over New Jersey. You need to protect yourself and your home from scam companies that have no regard for you and your home.
You need to carefully check the company’s credentials, reputation, and experience, watch out for warning signs of a scam. Companies may falsely claim to be affiliated with a non-profit or government entity or endorsed by government officials. You should maintain personal contact with your lender and mortgage servicer. Your mortgage lender can help you find real options to avoid foreclosure.
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