Facing Foreclosure in Atlantic County, NJ: Court Steps, Mediation and Sheriff Sale

Step by step in Atlantic County

1. 1

   Read the Notice of Intent to Foreclose

   The lender must send this notice before filing. The New Jersey Courts site says you have 30 days from receipt to pay off the debt. Keep the envelope and note the date you received it. Then call a housing counselor and ask what your loan servicer can offer.

2. 2

   Do not ignore the summons and complaint

   If the lender files, you receive a Summons and Complaint. The Courts site says a defendant has 35 days to file an answer if contesting. An answer is a legal paper, so talk to a New Jersey attorney or legal aid. Missing a deadline can speed up a judgment.

3. 3

   Ask for mediation within 60 days

   The court's flyer says free mediation is open to owner-occupants of one- to four-family homes who use the property as their primary residence, are not in bankruptcy, and work with a trained counselor. Return the Mediation Request Statement to the Superior Court Clerk's Office within 60 days of receiving the Summons and Complaint. The flyer warns that mediation does not stop the lender from moving ahead.

4. 4

   Understand the default and cure stages

   The Courts site lists a notice 14 days before the lender files for entry of default, and then 45 days to cure the debt or make other arrangements. Ask your counselor or lawyer how those clocks apply to your file.

5. 5

   Know how the sale is scheduled

   After judgment, the sheriff has 150 days from the writ of execution to auction the property. The Courts site says the debtor and the lender may each request two stays to delay the sale. The Atlantic County Sheriff's Office sets the calendar and bidding rules, so ask it for the current ones.

6. 6

   If the sale is set, file for a stay and talk numbers

   The mediation flyer says that if your home is already scheduled for a sheriff's sale you must file a motion asking the court to stay it. Get a written payoff from the lender and compare it with what the property would bring.

7. 7

   Match the property to the plan

   An owner-occupied Pleasantville two-family, an Atlantic City rowhouse and a Galloway Pinelands home with a septic system each face different repair and flood questions. Investor-owned rentals are not eligible for the free mediation, so landlords usually need an attorney's advice on options.

Atlantic County offices you may deal with

Atlantic County foreclosure questions