The Lis Pendens is a public notification that the property is being foreclosed upon. If the homeowner attempts to sell the property or get a second mortgage, the title search will reveal the Lis Pendens and notify any interested party that the property's title is in question due to the pending foreclosure.
702, 123 Stat. 1660, before a tenant can be evicted due to foreclosure, the landlord must provide the tenant with a 90 day notice to quit when the foreclosed property has been purchased by a buyer who wants to personally occupy it as his or her primary residence.
You can only be foreclosed on after you have not made payments for 120 days. Since payments are generally made every 30 days, this means that your property cannot be foreclosed on until you have missed four mortgage payments.
The Fair Foreclosure Act aims to prevent wrongful foreclosures by requiring lenders to ensure that homeowners are fully informed and given every opportunity to retain their homes.
Once the complaint is filed, it enters a Lis pendens, meaning a suit is pending. The lender becomes the plaintiff, and the debtor becomes the defendant in the court record. The case receives a docket number. The plaintiff must serve the defendant with the foreclosure complaint.
What Are the Steps Involved in the Foreclosure Process in New Jersey? Notice of Intention to Foreclose. The Lender Files the Foreclosure Complaint. The Lender Serves You With the Foreclosure Complaint. Foreclosure Mediation. Filing an Answer to the Foreclosure Complaint. Notice of Entry of Default and Entry of Final Judgment.
You will not get any notice that the Lis Pendens has been filed and you will receive a copy. The only way to see it is to check your County Clerk's website.
In New Jersey, it typically takes 12-16 months after default to finalize a foreclosure.
Home foreclosure is a long process in New Jersey. But, these timeframes are not typical. A more reasonable estimate for how long foreclosures are taking in New Jersey in 2022 is about 3 years, with uncontested cases moving as quickly as 12-18 months.