Facing a foreclosure can be a very stressful and overwhelming experience. If you have been served with a foreclosure complaint, you probably want to know – How long do I have to respond?
If you do not answer the complaint in time, there can be serious consequences, including a default judgment being entered against you, which could result in the loss of your home.
Here’s what you need to know about how long you have to respond to a foreclosure complaint in New Jersey:
What is a Foreclosure Complaint?
A foreclosure action starts when the lender, usually a bank or mortgage company, files a complaint against you (the borrower) to start the process of taking back your property because you are behind on your mortgage payments or violated the mortgage in other ways.
The complaint is filed in the Superior Court of New Jersey, Chancery Division, in the county in which your home is located.
The entity that filed the complaint is called the plaintiff. The borrower/homeowner that is being sued is called the defendant.
How Long Do I Have to Respond to the Foreclosure Complaint?
In New Jersey, once you are served with a foreclosure complaint, you have 35 days to file a response with the court. This response is known as an answer. The 35-day period starts from the date you were served, not the date of the documents. If you are served by mail, the time to respond may be extended by a few days to account for delivery time.
An answer is a legal document that you must file in response to the foreclosure complaint. In the answer, you admit the allegations that are true and deny false allegations. You must also set forth any defenses you have to the foreclosure. Defenses are the reasons you believe that the plaintiff does not have the right to get a foreclosure judgment against you. There are various technical requirements for preparing and filing the answer.
It’s important to note that if you do not respond within this time frame, the lender can request a default judgment and you could lose your right to contest the foreclosure.
What Happens if I Miss the 35-Day Deadline?
If you miss the 35-day deadline to respond to the complaint, the plaintiff lender can ask the court to enter a default and then seek a final judgment of foreclosure. 14 days before the plaintiff can file a request for entry of a final judgment, they must send the borrower a notice offering them a chance to make up the missed mortgage payments.
If you cannot make up the missed payments and the court grants the lender a final judgment, the court will issue a writ of execution ordering the sheriff to sell your home.
If you have valid defenses to the foreclosure, you should retain a foreclosure defense attorney and have them file an answer.
However, if you realize that you’ve missed the deadline to file an answer, don’t panic. It may still be possible to file an answer and ask the court to allow you to enter your defense, though this will require filing a motion with the court to vacate the default judgment. It’s important to act quickly if you find yourself in this situation.
What Should Your Answer to the Complaint Include?
Your answer to the foreclosure complaint is your chance to contest the foreclosure and set forth any legal defenses you may have.
Common defenses to a foreclosure include:
- Improper service: If you were not properly served with the foreclosure complaint.
- Payment issues: If the lender has incorrectly stated that you missed payments or made errors in the amount owed.
- Lender standing: The lender must prove they have the legal right to foreclose on your property. If they fail to do so, this could be a valid defense.
- Mortgage violations: If the lender violated the terms of the mortgage agreement or applicable laws.
Contact Levitt & Slafkes, P.C., If You Are Served With A Foreclosure Complaint
If you’ve been served with a foreclosure complaint in New Jersey, it’s crucial that you respond within 35 days. Failing to do so could result in a default judgment, putting your home at risk. However, if you act quickly, you may be able to fight the foreclosure by presenting your legal defenses in court.
If you have any questions about your foreclosure case or need assistance drafting an answer, don’t hesitate to reach out to an experienced foreclosure defense attorney. At Levitt & Slafkes, we specialize in helping homeowners in New Jersey navigate the foreclosure process and protect their rights.
Call us at 973-323-2953, or contact us online to schedule a free consultation.
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 in this blog is for general information purposes only. Nothing should be taken as legal advice for any individual case or situation.