New Jersey homeowners have 35 calendar days from service to file a written Answer in NJ Superior Court. New Jersey has specific filing requirements and mandatory foreclosure mediation. Here is what you need to know.
New Jersey is a judicial foreclosure state. The lender files a Complaint in the Chancery Division of the New Jersey Superior Court. Under the New Jersey Fair Foreclosure Act (N.J.S.A. 2A:50-53 et seq.), the lender must provide specific pre-foreclosure notices. New Jersey also has the Judiciary's Foreclosure Mediation Program.
Important: NJ Fair Foreclosure Act Requirements
The Fair Foreclosure Act requires the lender to: (1) serve you with a Notice of Intention to Foreclose at least 30 days before filing the Complaint, (2) include specific language about your right to cure, and (3) provide information about HUD-certified housing counselors. If these requirements were not met, you may have an affirmative defense.
35 Calendar Days to Respond
N.J. Court Rule 4:6-1 gives you 35 days from the date of service. This is one of the longer deadlines in the country. Count from the date the Summons was served.
Respond to Each Allegation
Admit, deny, or state you lack sufficient knowledge for each paragraph. NJ requires specific responses. Include all affirmative defenses: lack of standing, failure to serve Notice of Intention, expired SOL (20 years for residential mortgages in NJ, but shorter for some loans), and any RESPA/TILA violations.
File in the Chancery Division
Foreclosure cases are heard in the Chancery Division of the Superior Court in the county where the property is located. No filing fee for the Answer. File the original and serve a copy on the plaintiff's attorney.
Foreclosure Mediation
After filing, you can request the Judiciary's Foreclosure Mediation Program. A neutral mediator helps negotiate alternatives to foreclosure. Participation is voluntary but highly recommended.
| Deadline | 35 calendar days (N.J. Court Rule 4:6-1) |
| Court | NJ Superior Court, Chancery Division (county of property) |
| Filing Fee | None for Answer |
| Key Law | NJ Fair Foreclosure Act (N.J.S.A. 2A:50-53 et seq.) |
| Mediation | Judiciary Foreclosure Mediation Program — request after filing |
Longer than most states, but do not wait. The NJ Fair Foreclosure Act provides important protections.
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