Foreclosure in Passaic County, NJ: Options Before the Sheriff's Sale

Step by step in Passaic County

1. 1

   Treat the notice of intent as the starting gun

   A lender must send a notice stating the reason, the amount to cure, that you can sell or transfer title, and mediation information. The court says you have 30 days from receipt to cure or request mediation. A landlord who owns several buildings should check each mortgage separately, since every loan can have its own notice.

2. 2

   Check whether mediation applies to your building

   The court's packet limits mediation to a primary residence and a one-to-four family home. An owner who lives in one unit of a Paterson two-family may fit. An investor who does not live in the building does not. All borrowers must request mediation, and you cannot be in bankruptcy.

3. 3

   Respond to the complaint

   After the notice period, the lender can file a complaint, which creates a lis pendens. The court says a defendant has 35 days to answer. If no one answers, the case is uncontested and stays with the Office of Foreclosure. An attorney can tell you what an answer should say.

4. 4

   Watch the sheriff's calendar

   Once the court grants judgment and issues a writ of execution, the sheriff has 150 days to auction the property, and each side can ask for two stays. In Passaic County, listings are hosted on a third-party platform, and the Sheriff's Office warns that dates and statuses can change without notice. Confirm by phone, not by memory.

5. 5

   Know who can buy first

   Passaic County's sheriff page points to a state notice, A5664, the Community Wealth Preservation Program. It lists expanded purchasing opportunities for eligible buyers, including foreclosed-upon defendants, next of kin, tenants, qualifying nonprofits and bidders meeting an 84-month residency requirement. Ask an attorney whether it applies to you or to your tenants.

6. 6

   Plan around tenants and leases

   Kaizen's notes list tenant-occupied sales as a recurring issue in the county. If tenants live in the building, gather the leases, rent ledgers and security deposit records now. A buyer, whether at auction or in a private sale, will ask for them. Talk to an attorney about your duties to tenants during a foreclosure.

Passaic County offices you may deal with

Passaic County foreclosure questions