NJ Foreclosure Process
What is the NJ foreclosure process?
The NJ foreclosure process is guided by the fact that New Jersey is a “judicial foreclosure” state. Click here to download this guide to learn more.
This means that all foreclosure actions must be prosecuted by attorneys before judges in the court system.
This structure is intended to impose a level of due diligence on lenders and assure an accurate disposition on the merits of a lender’s claim. The result however, is a bloated legal field that incentivizes cutting corners and rushed, even if not prompt, resolutions.
This is why a proper foreclosure defense is so important. The homeowner is the only person who understands their situation and truly cares about their home. Therefore they must be the one to stand up for their rights.
The problem for many individuals is that the system is confusing, complicated, and overwhelming. The average homeowner is not a legal expert, nor do they truly have the resources to understand a growing and nuanced area of the law. The internet is rife with foreclosure defense theories – some of which worked in 2007, some of which work now, some that work in other states, and some that never had a shot. The key to asserting a proper defense is understanding your rights, your lender’s obligations, how the court system works, and the rules, statutes, and case law that control everything.
The following pamphlet attempts to summarize that information based on our representation of hundreds of foreclosure clients in New Jersey over the course of the last eight years. The pamphlet outlines the anticipated foreclosure process when you retain the attorneys at Denbeaux & Denbeaux for your foreclosure defense. This outline does not hold true in every case, nor are the timelines suggested guaranteed. Rather, we offer this information to hopefully provide some clarity as your case progresses.
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