New Jersey Notice of Appearance and being Defaulted in New Jersey Foreclosure Case
You have been notified that you are in default on your New Jersey Foreclosure case.
So, you may be wondering how this happened, and what it means to you. If the defendant borrower does not file an answer with the $175 filing fee within 35 days, the lender may seek to default the party. In New Jersey foreclosure cases, a bank may seek default of the defendant by submitting a formal request to the clerk for the entry. It must contain details on how the defendant was served. This application must be made within 6 months, or a motion will be required. The consequences of defaulting can be great against the borrower.
How can I fix my defaulted New Jersey Foreclosure case?
The only way to remedy or fix the default would be to file a motion to vacate which requires generally,
1. That there was a good cause, and;
2. That there is a meritorious defense against the foreclosure action.
Courts have ruled liberally in favor of Defendants, however; a serious effort must be put in front of the court displaying why the defendant borrower did not answer in time against an NJ foreclosure complaint.
What is a Notice of Appearance in New Jersey?
If a default has been entered, and one cannot show good cause or a meritorious defense, it would be wise to speak to a New Jersey Foreclosure attorney about entering a notice of appearance. This legal document demands all documents to be served upon a party, even though the party may not have filed a formal pleading. A benefit in filing the appearance is the borrower becomes entitled to receive any documents regarding an application for final judgment. If notice is not given, an application can be made to the judge to set aside the judgment. Furthermore, when a sale is scheduled, the Defendant borrower must also receive any notices required by court rules.
Even if you didn’t file an answer in time, there are still things that can be done to protect yourself against foreclosure. You may still be able to file a motion to vacate the default or enter a notice of appearance. There are also other options. Depending on how long the proceedings have been ongoing and the specific facts of your case, paths may be available. Speak to one of our foreclosure attorneys at Patel Soltis & Cardenas today to see what exactly can be done for you. Our offices are located at 574 Newark Ave., Ste 307., Jersey City, NJ 07306.
This blog is not intended as legal advice and you should not rely upon it. You should contact an attorney to obtain counsel specific to the facts of your case.