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Foreclosure Posting Requirements
Foreclosures are by Judicial Process. Prior to commencing foreclosure, the mortgagee must send a Notice of Default to the borrower at least thirty (30) days prior to filing of the complaint. Once that thirty (30) days expires, the lender may file the complaint. Service is personal by independent service agent or the Sherriff. Once service is complete, the defendants have thirty-five (35) days to answer. If no answer is made, the lender must prepare and send a warning notice to the borrower providing for one last chance to reinstate prior to final judgment being issues. The borrower has ten (10) to respond and forty-five (45) to reinstate. In order to obtain final judgment, the lender must file an affidavit that the borrower is not in the military. Once judgment is final, the lender files a request for the Sherriff to sell the property. Notice is provided by publication for four (4) consecutive weeks. The borrower has a ten (10) day period to redeem following the sale. Deficiency awards are available by separate action, but seeking a deficiency will extend the redemption for as much as six (6) beyond the deficiency action.
Foreclosure Auction Locations
Most states direct the specific location where a sheriff, trustee or creditor may conduct a foreclosure sale. Often the direction is as vague as 'any public place within the county in which the property is located.' Other times, the statute requires that a foreclosure sale only be held at the site of the property to be foreclosed. Foreclosure sales can be conducted at public auction held at the front door of a courthouse of the superior court in the judicial district where the property is located, unless the deed of trust specifically provides that the sale shall be held in a different place.
Foreclosure Timeline
Timeline StepDays for StepTotal Days
Send Notice of Default11
File Complaint3132
Service of Complaint 1042
Send Final Warning Notice3577
Response period for final warning expires1087
File non-military affidavit and request for final judgment188
File request for Sherriff to sell property1199
Publication period22-28121-127
Sale1122-128
Redemption period10132-138

(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)
State Statutes
New Jersey Foreclosure Statutes