Received foreclosure complaint- now what?
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Received foreclosure complaint- now what?
The house is the last remnant of my marriage to my ex husband. I knew the foreclosure was coming and now that I was served, know I have 35 days to answer. How do I answer? What is the 60 day remediation? I tried working with the bank in the past but my ex is uncooperative and wouldn’t produce the tax documents I needed. Will a judge be understanding of this as I get everything together. And, most important, how much time do I have before I get out of the house where I live with my two kids?
Asked on May 23, 2017 under Real Estate Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
To answer effectively you need a *legal* reason why the foreclosure should not occur, such as that there is someone with a higher-priority loan or lien (since the foreclosure cannot cut off their rights), or not all owners of the property were given notice (since they all must get notice), or the notice of the borrowers rights (the "TILA", or "Truth-in-Lending Act," notice) given you with the mortgage was deficient (and how it was deficient; you'd need to show this), etc. Practical reasons or reasons having to do with your life, your finances, your relationship, etc. (such as that your ex is uncooperative) will not help.
You don't have to leave for months yet, possibly longer: foreclosure actions in NJ typically take months to be processed by the courts. Then after foreclosure is approved, the home has to be sold at the sheriff's sale. Then after that, if the new owner wants you out, they would need to bring a legal action, such as "ejectment" action ("ejectment" is eviction for non-tenants) to actually get you out. It is a multi-step process. So nothing is imminent.
The 60-day period refers to the time you have to catch up on the loan; if you can, they cannot foreclose.
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