New Jersey Sample Letter for Enclosure - Fee Schedule for Foreclosure
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How to fill out Sample Letter For Enclosure - Fee Schedule For Foreclosure?
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FAQ
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.
New Jersey is a judicial foreclosure state, which means that if you default on your mortgage, the lender must go to court to foreclose your home.
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.
In a strict foreclosure, the foreclosing party (the "lender") goes to court to ask for an order declaring you in default on the mortgage and permitting it to foreclose. If the court agrees that you're in default, it will approve the foreclosure and give the title to your home directly to the lender.
Texas is a combination of a judicial and non-judicial foreclosure state; in short it allows for non-judicial foreclosures but ONLY if the lender or lienholder has a deed of trust as stated previously. Without a deed of trust the lender must obtain a court order to proceed with the foreclosure sale.
The lender files the complaint with the Office of Foreclosure, which is a part of the Superior Court of New Jersey. The Office of Foreclosure handles the foreclosure unless you file an answer to the complaint. In that situation, the foreclosure is sent to a judge in your county.
