Many people call us wanting to know how long they have to file an answer to a foreclosure complaint that they have been served with. This blog will answer that very important question.
A foreclosure action begins when the mortgage company files a complaint against you, the borrower, in the Superior Court of New Jersey, Chancery Division, in the county where your home is located. The entity filing the lawsuit is known as the Plaintiff. The borrower/ homeowner who the lawsuit is brought against is known as the Defendant.
You have 35 days from the date you are served with the summons and complaint to file an Answer to the foreclosure complaint. An answer is the formal legal document that is prepared and filed in response to the complaint. In the answer you admit the allegations that are true and deny those that are false. You must also set forth any defenses you have to the foreclosure. Defenses are the reasons that you believe that the Plaintiff does not have the right to obtain a foreclosure judgment against you. Responding to a foreclosure complaint can be confusing given the various technical requirements of preparing and filing the answer.
If the Defendant does not file an answer on time, the Plaintiff’s attorney can ask the Court to enter a default, and then seek a final judgment of foreclosure. However, 14 days before the Plaintiff can file a request for entry of the final judgment, they must send the borrower a notice offering them a final chance to cure the default. If you cannot cure the default and
the court grants final judgment to the mortgage lender, the Court will issue a writ of execution ordering the Sheriff to sell your home at a public auction.
It is important that if you do have defenses to the foreclosure that you retain counsel and have an answer timely filed. It is difficult to have either a default or default judgment set aside. Even though you may have valid defenses to the foreclosure, you may never get to raise them if you do not file your answer on time.
Contact Levitt & Slafkes To Help You Save Your Home
If you have been served with a Foreclosure Complaint and want help to respond, or if you have any related questions contact the experienced foreclosure defense attorneys at Levitt & Slafkes today at (973) 323-2953. You can also contact us online.
We are proudly designated as a debt relief agency by an Act of Congress. We have proudly assisted consumers in filing for Bankruptcy Relief for over 30 years. The information on this website and blogs is for general information purposes only. Nothing should be taken as legal advice for any individual case or situation.