How to Answer a Foreclosure Complaint in New Jersey

When you are officially served with a foreclosure complaint in New Jersey, the clock starts ticking. You have exactly 35 days to file a formal, written response with the court, known as an "Answer." Ignoring this document is the fastest way to lose your home.

What Happens If You Don't Answer?

If you fail to file an Answer within 35 days, the lender can apply for a "Default." This means the court assumes you agree with everything the lender claims, and the lender can fast-track the foreclosure process. You lose your right to present defenses or challenge the lender's paperwork.

What is an "Answer"?

An Answer is a legal document where you respond to each numbered paragraph in the lender's complaint. You can admit, deny, or state that you don't have enough information to form a belief about the claim. You can also include "affirmative defenses," such as arguing the lender doesn't actually own the note or failed to provide proper notice.

Contesting vs. Uncontesting

If your Answer raises valid legal defenses (a "Contested Answer"), your case is sent to a judge in your county, significantly slowing down the foreclosure process. If your Answer doesn't raise valid defenses (an "Uncontested Answer"), the case stays with the Office of Foreclosure in Trenton, which moves much faster.

Why Filing an Answer is Critical

Even if you know you owe the money, filing a Contested Answer (if you have valid defenses) can buy you months or even years of additional time in the home. This time can be used to save money, negotiate a loan modification, or arrange for a short sale or cash buyer.

Because answering a complaint involves complex legal formatting and strategy, it is highly recommended to consult with a professional immediately after being served.

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