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The Office of Foreclosure
The foreclosure process is a two-tiered system. It involves both the Office of Foreclosure and the Superior Court General Equity judges. The Office of Foreclosure us a unit in the Superior Court Clerk's Office.
The office handles seven types of foreclosures:
1. Residential mortgage
2. Multi-family/commercial mortgage
3. In personam tax certificate
4. Municipal in rem tax certificate
5. Condominium lien
6. Strict foreclosure
7. Fair Foreclosure Act optional procedures.
Court-sponsored pre-foreclosure services may be available to you free of charge. This program is available to residential homeowners who are not involved in litigation, but who are in default on their mortgage or are in danger of defaulting. Through this program, homeowners will be connected to services, including certified housing counselors, realtors, and other community-based resources, before a foreclosure complaint is filed.
The first step in the process is to request services by completing the Request Form for Pre-Foreclosure Services. Once submitted, the request will be reviewed, and additional information will be provided. If you are eligible to receive pre-foreclosure services, the court will refer your information to the New Jersey Housing and Mortgage Finance Agency (NJHMFA).
Be aware of scams. Companies that promise to help you get a loan modification, or notices to rescue your home from foreclosure, are popping up all over NJ. To protect yourself and your home, 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 nonprofit 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. Housing counselor services through Housing and Urban Development (HUD) or NJHMFA are free of charge. More information, including tips to avoid foreclosure scams, are outlined in the public announcement released by the Federal Reserve.
Foreclosure Actions and Foreclosure Processing Services
Foreclosure actions are filed in the Superior Court. Pleadings are filed with the Office of the Superior Court Clerk, Foreclosure Processing Services in Trenton.
The Foreclosure Processing Services team dockets pleadings (e.g., complaints, answers and requests for default) in foreclosure cases. The team performs general foreclosure case management functions. When a case is contested, the team transfers to it General Equity Judges in the vicinages for disposition.
You can contact us at
- General Questions and Status Requests
- Requests for Default
All correspondence (filings) should be directed to:
Regular MailForeclosure Processing Services
Messenger ServiceForeclosure Processing Service
The following forms could be needed in foreclosure cases. See foreclosure mediation (below) for mediation forms. Self-represented litigants can access our Self-Help page for forms to file.
Filing Fee Schedule
|Answers or First Appearances||$175|
Checks or money orders should be made payable to Treasurer - State of New Jersey. Attorneys may use their Judiciary Collateral Account to pay any fees. Cash is not accepted.
Fee Waiver Request:
Fill out the Filing Fee Waiver Request Form to apply for a fee exemption. You must meet financial requirements for eligibility. This form should accompany your document(s). The form and the documents should be submitted to the General Equity Judge in the county where property is located. The judge will review the fee waiver request. Once the judge determines eligibility, your documents will be forwarded to the Superior Court Clerk's Office for filing. If the judge denies the fee waiver request, you will be notified to submit the fee before the documents can be filed.
For information on obtaining copies of files or documents call Customer Service at Copies of Court Records for more details on submitting a request.. Requests for records must be in writing. Refer to
Foreclosure Mediations & Mediation Services
Free foreclosure mediation is available to try to save your home. Mediation is a process where a neutral third-party hears your case. The mediator does not make a decision on the case but guides both parties to an acceptable outcome on their terms. Lenders can still pursue foreclosure actions during the mediation process. It is imperative to begin requesting mediation as soon as possible following a notice of foreclosure.
The first step in the process is to file for mediation services. Attorneys or self-represented litigants can complete the filing for mediation form. Eligibility requirements pursuant to Rule 4:64-1B must be met. The request also requires the foreclosure mediation checklist. Use the foreclosure mediation financial worksheet to show financial eligibility.
If a sheriff's sale is scheduled, there are 2 statutory stays that can be requested.
Be aware of scams. Companies that promise to help you get a loan modification, or notices to rescue your home from foreclosure, are popping up all over NJ. 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 nonprofit 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. You should use the free HUD/NJHMFA-certified housing counselor. More information including tips to avoid foreclosure scams are outlined in the Public Announcement released by the Federal Reserve.
Notices to the Bar
Foreclosure for Renters
Residential tenants in a property facing foreclosure might be protected by NJ'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 don't 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. See the notice to residential tenants of rights during a foreclosure.
Additional Resources for Foreclosure Help