New Jersey Foreclosure Process 2023

By Denbeaux & Denbeaux

NJ Foreclosure Infographic

This image illustrates how the system works in favor of those fighting foreclosure and, more importantly, the absolute necessity of proper investigation of the mortgage servicer’s actions throughout the history of the loan (RESPA Investigation & Discovery).

Fighting the foreclosure buys time … lots of time.

Uncovering mortgage servicing mistakes buys leverage … lots of leverage.

You can see that just by Answering the Complaint, you guarantee yourself more time in your home. We explore everyone’s unique situation and help you decide the best course of action.

Owner + Partner of Denbeaux & Denbeaux

March 2020 Update

As soon as we produced this graphic, a world crisis began and it was instantly out of date. Right now, no one knows how the foreclosure system is going to work, but there is no doubt whatsoever that the time frames in the graphic are much shorter than they will be in the future. The system is going to be stressed and broken … and the value of fighting the foreclosure is going to be even greater. The number of times that mortgage servicers are going to make mistakes is going to massively multiply … leading to leverage, federal suits against servicers and debt collectors and just generally rewarding those people who have the facts and can recognize they need a lawyer well versed in these areas.

What’s the single most important thing to do when you are sued in foreclosure?

Answer the Complaint!

It is basic to New Jersey – and American – laws that a Plaintiff, even a bank in a foreclosure case, must prove its case. If you do not Answer the Complaint, you are allowing the bank to proceed to take your house without proving most of its case …

… and sometimes they cannot do it. Which you do not Discover if you do not Answer the Complaint.

Even more importantly, when you Answer you take action to defend yourself and you buy yourself time. Time to get back on your feet. Time to seek out advice on how to best proceed to protect your family. Time to strategize, to plan and to prepare … to win.

I have been told that if I answer the complaint it makes it more difficult to modify the loan later. Is this true?

Absolutely NOT. COMPLETELY FALSE.

In fact, and especially when there is a contested issue, Answering the Complaint makes it EASIER to resolve a disputed foreclosure.

There, quite literally, is NO DOWNSIDE to filing the Answer. None.

And you are completely foolish if you do not Answer the Complaint. I have consulted with thousands of people threatened with foreclosure over the years. I cannot honestly think of a single instance in which filing an Answer to the foreclosure complaint was a bad idea.