You were served with a foreclosure summons and complaint
A foreclosure case has been filed against you in the New Jersey Superior Court. You have 35 days from service to answer, and the clock is already running.
35 days to answer from the day you were served
You can still cure the default until final judgment
Not a law firm
Start here
This is a lawsuit,
not another letter.
The notices before this one came from your lender or servicer. The summons and complaint come from a court case that now has your name on it.
The summons tells you that you are being sued and how long you have to respond. The complaint is the lender’s side of the story: that it holds the loan, that you defaulted, what it says you owe, and that it wants the property sold.
New Jersey is a judicial foreclosure state. A residential mortgage is foreclosed through an action in the Superior Court, Chancery Division, which means the lender cannot sell the home without going through this case. It is a real lawsuit with real deadlines, and it is also a proceeding where you can file an answer and be heard.
Look for the mediation notice
When a complaint is filed against an eligible home, the homeowner is to receive written notice of the court’s free Foreclosure Mediation Program. The window to ask for it is short.
What happens next
The order of events after service.
Where the case goes next depends on one thing you control: whether you file an answer, and whether that answer contests the foreclosure.
- 01
Your answer is due
You have 35 days from service of the summons and complaint to file an answer. The filing fee for an answer is $175, and a fee waiver can be requested.
Counted from the day you were served
- 02
The case is routed
If no answer is filed, or the answer does not contest the mortgage, the case stays with the statewide Office of Foreclosure. A contesting answer sends it to a Chancery Division, General Equity judge in your county.
Uncontested or contested
- 03
Mediation can be requested
An eligible homeowner may request court foreclosure mediation within 60 days of receiving the summons and complaint. The court may also order mediation when an answer is filed.
Free to the homeowner
In detail
What is actually in the envelope.
Foreclosure papers arrive as a stack. These are the parts that matter most to you, and what each one is for.
The summons
The summons is the document that starts the clock. It names the court, names you as a defendant, and tells you how long you have to respond.
In a New Jersey foreclosure that period is 35 days from service. Count from the date you were served, not from the date you opened the envelope, and write the deadline down before you do anything else.
- Find out the date you were served
- Count 35 days forward and write the date down
- Keep every page, and the envelope, together
The complaint
The complaint sets out what the lender says: that it holds the note and mortgage, that you defaulted, what it claims is owed, and that it wants a judgment allowing the property to be sold.
Before filing, the lender must receive and review a title search and certify that it has. In a residential case its attorney must also certify a diligent inquiry confirming that the filings are accurate. Every numbered paragraph in the complaint is an allegation, not a finding.
Contesting and non-contesting answers
What you file decides where the case is heard. With no answer, or an answer that does not contest the mortgage, the case is uncontested and stays with the Office of Foreclosure in the Superior Court Clerk’s Office in Trenton. The application for final judgment is filed there, and there is no judicial hearing on the merits.
A contesting answer sends the case to a Chancery Division, General Equity judge in the county where the property is located. Whether you have a defense worth raising is a question about your loan and your papers, and it is the reason to have them looked at inside the 35 days.
You can still cure the default
New Jersey’s Fair Foreclosure Act lets a homeowner cure the default at any time up to the entry of final judgment. That means paying what would have been due without the default, plus court costs, attorneys’ fees and contractual late charges.
A cure puts you back in the same position as if the default had not happened and undoes the acceleration of the loan. The right can generally be used only once every 18 months for the same mortgage, unless the cure is made by the date in the notice of intention.
What to have ready
If you speak to an attorney, the conversation goes faster when the paperwork is in one place.
- Every page you were served, including the envelope
- The Notice of Intention to Foreclose, if you received one, and its envelope
- Any notice of default or demand letter from the servicer
- The mediation notice, if one came with the papers
- Your mortgage and note, if you have copies, and recent statements
This page describes general New Jersey foreclosure procedure. It is not legal advice, and procedure has exceptions, county practice and case law that no general page can apply to an individual situation. NewJerseyForeclosureHelp.com is not a law firm, a lender, or a government agency. If a deadline, court date, or sale date is approaching, speak with an attorney promptly.
Common questions
What people ask after being served.
How long do I have to answer a foreclosure complaint in New Jersey?
35 days from the day you were served with the summons and complaint. Count from the date of service, not the date you opened the envelope, and write the deadline down.
What happens if I do not file an answer?
The case is treated as uncontested and stays with the Office of Foreclosure in Trenton, where the lender’s application for final judgment is filed and there is no judicial hearing on the merits. Not answering does not stop the case; it moves ahead without you.
What does filing a contesting answer do?
A contesting answer sends the case to a Chancery Division, General Equity judge in the county where the property is located. Whether you have a defense worth raising depends on your loan and your papers, which is why it helps to have them reviewed within the 35 days.
Can I still catch up on the loan after being sued?
New Jersey’s Fair Foreclosure Act lets a homeowner cure the default at any time up to final judgment, by paying what would have been due plus court costs, attorneys’ fees and contractual late charges. The right can generally be used once every 18 months for the same mortgage.
Does it cost anything to file an answer?
The court filing fee for an answer is $175, and a fee waiver can be requested. Whether you file on your own or with an attorney, the 35-day deadline is the same.
Statutes and sources behind this guide
- F1: New Jersey is a judicial foreclosure state: a residential mortgage is foreclosed through an action in the Superior Court, Chancery Division. (N.J.S.A. 2A:50-53 et seq.; R. 4:64), read 2026-09-23
- F7: The homeowner must receive written notice of the Foreclosure Mediation Program with the notice of intention and again when the complaint is filed, in English and Spanish. (P.L.2019, c.64), read 2026-09-23
- F8: The debtor may cure the default **at any time up to the entry of final judgment** (or an order of redemption) by paying all sums that would have been due without the default, plus court costs, attorneys' fees and contractual late charges. (N.J.S.A. 2A:50-57(a)–(b)), read 2026-09-23
- F9: A cure reinstates the debtor to the same position as if the default had not occurred and nullifies any acceleration. The right may be used only **once every 18 months** for a given mortgage, unless the cure is made by the date in the notice of intention. (N.J.S.A. 2A:50-57), read 2026-09-23
- F10: A foreclosure begins with a complaint; the plaintiff must receive and review a title search before filing and certify that it has. In a residential case the plaintiff's attorney must also certify a diligent inquiry confirming the accuracy of the filings. (R. 4:64-1), read 2026-09-23
- F12: The homeowner has **35 days** from service of the summons and complaint to file an answer. (R. 4:6-1), read 2026-09-23
- F13: The filing fee for an answer or first appearance is **$175**; a fee waiver may be requested., read 2026-09-23
- F14: If no answer is filed, or the answer does not contest the mortgage, the case is uncontested and stays with the **Office of Foreclosure** (Superior Court Clerk's Office, Trenton). The application for final judgment is filed there and the Office of Foreclosure may recommend entry of judgment; there is no judicial hearing on the merits. (R. 4:64-1), read 2026-09-23
- F15: A contesting answer sends the case to a Chancery Division, General Equity judge in the county where the property is located., read 2026-09-23
- F17: New Jersey runs a court Foreclosure Mediation Program (created by the Judiciary in 2009, codified in 2019). It is **free** to the homeowner. (P.L.2019, c.64 (N.J.S.A. 2A:50-74 et seq.); R. 4:64-1B), read 2026-09-23
- F19: The homeowner may request mediation within **60 days** of receiving the summons and complaint; the court may also order mediation when the homeowner files an answer. (P.L.2019, c.64), read 2026-09-23
Statutory claims on this page were checked against published New Jersey law and court guidance on 2026-09-23 and are recorded, fact by fact, in the site's evidence file. Statutes change; the date is the date of the check.
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