Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
New Jersey Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession
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How to fill out Complaint Or Petition By Purchaser Against Possessor Of Real Property After Judicial Foreclosure Sale - Repossession?
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If you choose to file an answer, you must do so within 35 days from the date that you receive the summons and complaint; and you must include a completed Foreclosure Case Information Statement, a Certification Pursuant to Court Rule -1 and the $175.00 filing fee ($250 for Answers with Counter-Claim, Cross-Claim and/ ...
After the 30-day period, the lender files a foreclosure complaint with the Office of Foreclosure. 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.
When a foreclosure sale results in surplus funds (money over and above what's needed to pay off all the liens on the property), this extra money belongs to you (the homeowner), not the lender.
Writ of Possession: If the new owner and the borrower do not arrange a date to move out, the new owner will request a ?writ of possession? from the court. Once obtained, the new owner will schedule the eviction date with the county sheriff.
Cure Your Default Under New Jersey law, however, all foreclosures must be judicial, which means they go through the court system (and you can't file a separate lawsuit to challenge foreclosure). You can stop foreclosure by curing a default on your mortgage payments at any time up until the entry of a final judgment.
If you and the new owner do not come to an agreement the new owner must go to court and request a writ of possession in order to remove you from the property. 1-3 months left in the property. Once the new owner gets a writ of possession they can schedule your eviction date with the sheriff.
The Fair Foreclosure Act (FFA), N.J.S.A §§ 2A:50-53 to 2A:50-73, is a state law that protects residential mortgage debtors and establishes a uniform statutory framework under which courts can more clearly identify the rights and remedies of the parties involved in foreclosure proceedings throughout New Jersey.
You must respond to each numbered paragraph in the complaint and either admit the allegation, deny the allegation, or state that you do not have enough information to know whether the statement is true. In the area for Affirmative Defenses, you can list the facts which defend your action or inaction.