Stop a sheriff sale

How long does a foreclosure take in the State of New Jersey?

Foreclosure Processing Time in the State of New Jersey

How long does a foreclosure take in the State of New Jersey? Well, that answer depends on when you asked the question. If you had asked 5-6 years ago, it could have been years. Now the economy in relation to mortgage foreclosures is doing better. With the backlog being cleared by the Courts and the County Sheriffs, you are looking at between 8 months to 1 ½ years when the matter is uncontested. To understand why we need to break down the foreclosure process and what takes the most time.

Prior to filing a summons and complaint, under the Fair Foreclosure Act, specifically N.J.S.A. 2A:50-56(a), the Mortgagee (also known as the lender) must send to the Mortgagor (also known as the borrower) a notice of intent to accelerate and foreclosure. This is commonly referred to the Notice of Intent to Foreclose. This notice is required to be served 30 days prior to the filing of the complaint and summons.

If the US is Named as a Defendant in Foreclosure, Foreclosure takes longer

After these 30 days, the bank will proceed, depending on how organized and efficient they are with submitting documents to their attorneys (and how efficient their attorneys are in filing the complaint), with filing the summons and complaint. Once filed, they will attempt to serve all the Defendants in the case. Once a party is served, they have 35 days to respond. Failure to respond will result in the Plaintiff filing for default so they can continue. An interesting point here is that if the United States is included as a defendant, the bank must wait 60 days instead of the standard 35. There is a possibility that the Plaintiff will default all parties together in 60 days, rather than 35, but that may not be the case (as the Plaintiff still has the right to default parties are required to respond in 35).

What is a Lis Pendens?

After the filing of a foreclosure in New Jersey, Plaintiffs out of good practice and common sense file a Lis Pendens with the county registrar where the mortgage was recorded. The Lis Pendens notifies the world that the property is apart of pending litigation, namely foreclosure in this instance. This means you’ll have a very difficult time obtaining another mortgage once the title search comes back!

After the parties time to respond has expired, the Plaintiff will move for default, paving the way for the end game in foreclosure. They are required under the Fair Foreclosure Act to submit a Notice to Cure. The specific statute requiring this notice is found under N.J.S.A. 2A:50-58(a)(1) and N.J.S.A.2A:50-58(a)(2). Within this notice, they notify the borrower that they are entitled to “cure” or pay what is due and owing on principal, interest, and escrow to reinstate the mortgage in good standing. If the borrower responds according to the statute, they are entitled to an entire 45 days from the notice. Otherwise, the Plaintiff can proceed in 14 days.

After the 14 or 45 days has expired from the Notice to Cure, the bank will then proceed with its final application, the Final Judgment. A Final Judgment in foreclosure is the ultimate judgment that allows the bank to proceed with the sheriff sale. Once applied for, it typically takes the Office of Foreclosure, located in Trenton New Jersey, 20-30 days to enter. Once it is entered, a foreclosure writ and judgment will be docketed, allowing the Plaintiff to proceed with the Sheriff Sale.

This is where much of the time varies in uncontested foreclosures from county to county. I have accumulated a list of estimated backlogs for each county to show how much time you can expect to have, from the date of this writing, after a sale is listed after the entry of the Final Judgment. Keep in mind the Plaintiff still needs to send a “sheriff sale package” to the each Sheriff prior to the sale being listed, which can take a few days, or several weeks, again depending on the Plaintiff’s attorney.

New Jersey Sheriff Backlog Listed by County

NJ Atlantic County Sheriff Sale Timeline – Currently you can expect your sale date to be listed an estimated 2-3 months from when Judgment is entered.

NJ Bergen County Sheriff Sale Timeline – Currently you can expect your sale date to be listed an estimated 3-4 months from when Judgment is entered.

NJ Burlington County Sheriff Sale Timeline – Currently you can expect your sale date to be listed an estimated 3-4 months from when Judgment is entered.

NJ Camden County Sheriff Sale Timeline – Currently you can expect your sale date to be listed an estimated 3-4 months from when Judgment is entered.

NJ Cape May County Sheriff Sale Timeline – Currently you can expect your sale date to be listed an estimated 1-2 months from when Judgment is entered.

NJ Cumberland County Sheriff Sale Timeline – Currently you can expect your sale date to be listed an estimated 3-4 months from when Judgment is entered.

NJ Essex County Sheriff Sale Timeline  – Currently you can expect your sale date to be listed an estimated 3-4 months from when Judgment is entered.

NJ Gloucester County Sheriff Sale Timeline – Currently you can expect your sale date to be listed an estimated 2-3 ½ months from when Judgment is entered.

NJ Hudson County Sheriff Sale Timeline – Currently you can expect your sale date to be listed an estimated 2 ½ -3 ½ months from when Judgment is entered.

NJ Hunterdon County Sheriff Sale Timeline – The Sheriff reporting does not allow for an estimate of the backlog.

NJ Mercer County Sheriff Sale Timeline  – Currently you can expect your sale date to be listed an estimated 1-2 months from when Judgment is entered.

NJ Middlesex County Sheriff Sale Timeline  – Currently you can expect your sale date to be listed an estimated 1-2 months from when Judgment is entered.

NJ Monmouth County Sheriff Sale Timeline  – Currently you can expect your sale date to be listed an estimated 2 ½ -3 ½ months from when Judgment is entered.

NJ Morris County Sheriff Sale Timeline  – Currently you can expect your sale date to be listed an estimated 2-3 months from when Judgment is entered.

NJ Ocean County Sheriff Sale Timeline  – The Sheriff reporting does not allow for an estimate of the backlog.

NJ Passaic County Sheriff Sale Timeline  – Currently you can expect your sale date to be listed an estimated 2 ½ -3 ½ months from when Judgment is entered.

NJ Salem County Sheriff Sale Timeline  – Currently you can expect your sale date to be listed an estimated 2 -3  months from when Judgment is entered.

NJ Somerset County Sheriff Sale Timeline  – Currently you can expect your sale date to be listed an estimated 1 ½ -2 ½ months from when Judgment is entered.

NJ Sussex County Sheriff Sale Timeline  – Currently you can expect your sale date to be listed an estimated 1 ½ -2 ½ months from when Judgment is entered.

NJ Union County Sheriff Sale Timeline  – Currently you can expect your sale date to be listed an estimated 2 ½ -3 ½ months from when Judgment is entered.

NJ Warrant County Sheriff Sale Timeline  – Currently you can expect your sale date to be listed an estimated 2 ½ -3 ½ months from when Judgment is entered.

There are additional options that can extend the time for borrowers to pursue loss mitigation, including statutory stays of the sheriff sale pursuant to N.J.S.A. 2A:50-64(a)(2) and bankruptcy filings. This brief overview is not meant to be relied on for legal purposes and is written to provide readers with a general understanding of the foreclosure timeline in New Jersey.

Your situation is unique to yourself.  A foreclosure defense attorney will be able to give you better advice then whatever you find on the internet that is specific to your situation. If you have any questions, give us a call at 844-533-3367 or email us at [email protected].

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