The courts have inherent power to restrain the sale of mortgaged premises in foreclosure proceedings, but are reluctant to exercise such power except where it is shown that particular circumstances, extrinsic to the instrument, would render its enforcement in this manner inequitable and work irreparable injury, and that complainant has no adequate remedy at law. Furthermore, a party must show a probable right of recovery in order to obtain a temporary injunction of a foreclosure action.
New Jersey Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief
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How to fill out Petition Or Complaint To Enjoin Nonjudicial Foreclosure Sale And For Declaratory Relief?
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FAQ
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.
Ing to NJ Court Rules -3 and -2, any person who believe they are entitled to all or part of the surplus can file a motion with the court explaining why they are entitled to the money and asking for an order directing payment of the surplus funds.
New Jersey is a judicial foreclosure state. This means foreclosure actions must go through the court. The Office of Foreclosure and the Superior Court General Equity judges handle the process. This page provides foreclosure resources for both lenders and debtors.
Definition. Surplus Funds is a term used in the Final Accounting process and refers to an amount of loan or grant proceeds in excess of expenditures for the asset purchased (or constructed) with applicable proceeds.
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.
In general, if no other liens or claims exist, the owner of the property which is sold at auction has the right to collect any surplus funds after foreclosure. However, if any liens or claims exist, they would have priority over the owner of the property to the surplus foreclosure funds.
If you want to try to fight the foreclosure, you have the right to file a motion with the Court and ask that the judgment be set aside and that you be permitted to file an Answer and defend the foreclosure. However, the NJ Court Rules provide that these motions should be filed within one (1) year of the Final Judgment.
After the sale of the property, the debtor has 10 days to redeem the property. This means they can buy the property back or sell it. If the debtor fails to redeem with 10 days, the proceeds of the sale pay off what is owed on the mortgage.
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.
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.