Right to answer the foreclosure complaint (35 days)
N.J. Ct. R. 4:6-1(a)
In plain words
New Jersey foreclosures go through the Superior Court. After you are served, you have 35 days to file an answer. Filing an answer makes the case “contested,” lets you raise defenses, and lets the court order mediation.
Who is protected
Every defendant served with a New Jersey foreclosure complaint.
When it applies
- Only in New Jersey.
- Only after a notice of default.
What you can do
File your answer
Count 35 days from service and file with the Superior Court.
Deadline: 35 days after service
Open the toolBuild your defenses
List notice problems and payment records.
Open the toolRead your state guide and find free help
Open the state page for the process, deadlines and legal-aid contacts in your state.
Open the tool
Honest limits
- An answer that raises no real defense may be struck, and the case can still go to judgment.
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State court ruleTime to answer
N.J. Ct. R. 4:6-1(a)
What it says: The defendant has 35 days after service to answer the complaint.
Read the official texthttps://www.njcourts.gov/self-help/foreclosure
Court cases
- Partial winCited for this rightUS Bank National Ass'n v. Guillaume
US Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449 (2012)
a pre-foreclosure notice of intention must name the actual lender, though the court may cure the defect with a corrected notice rather than dismissal
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Foreclosure mediation through the courts
N.J. Stat. § 2A:50-77
New Jersey runs a permanent foreclosure mediation program for homeowners. A court may order mediation when the homeowner files an answer. Mediation is free and puts you at the table with the lender and a trained mediator to look for a solution.
Read this rightRight to a Notice of Intention to Foreclose
N.J. Stat. § 2A:50-56a.–c.
Before the lender can speed up the loan or file a foreclosure, it must send you a written Notice of Intention to Foreclose by registered or certified mail. It must arrive at least 30 days, but not more than 180 days, before the lawsuit. The notice must explain the default, how to cure it, and where to get help.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightPause a court case while on military duty
50 U.S.C. § 3932(b)(1)
If you are in military service and get sued, the court must pause the case for at least 90 days if you ask and show that your duty keeps you from appearing. Before a court can enter a default judgment against you, the other side must file a sworn statement saying whether you are in the military, and the court may appoint a lawyer for you.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this right