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Foreclosure Survival Guide

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Foreclosure Survival Guide (1st Edition)


New Jersey
Topic State Rule
Common type of foreclosure process Judicial
Time to respond Foreclosing party must send notice, by registered or certified mail, return receipt requested, to homeowner 30 days before filing a foreclosure lawsuit. For residential mortgages only, foreclosing party must also post notice on the property four times in four weeks before filing suit or publish notice in two newspapers and mail to the mortgagor and other parties.
Reinstatement of loan before sale Up to date of final judgment of foreclosure. Judgment may be delayed if homeowner needs extra time to reinstate.
Redemption after sale Available for six months after entry of foreclosure judgment
Special protections for foreclosures involving high-cost mortgages Foreclosure must be filed in court. Home Ownership Security Act, N.J. Stat. Ann. §§ 46:10B-22 to 10B-35
Special state protections for service members N.J. Stat. Ann. §§ 38:23C-1 to 38:23C-26
Deficiency judgments May be obtained by filing a separate lawsuit within three months of sale; amount limited to difference between loan and fair market value.
Cash exempted in bankruptcy About $11,000 for one person, $22,000 for a married couple under federal bankruptcy exemptions
Notice to leave after house is sold Former owner is not entitled to notice to leave.
Foreclosure statutes N.J. Stat. Ann. §§ 2A:50-1 to 2A:50-21, 2A:50-56 to 2A:50-58