Right to a Notice of Intention to Foreclose
N.J. Stat. § 2A:50-56a.–c.
In plain words
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.
Who is protected
Borrowers on a New Jersey residential mortgage (1–4 family home they occupy).
When it applies
- Only in New Jersey.
- Only while you are behind but have no foreclosure notice yet or after a notice of default.
- Only if the home is your primary residence.
What you can do
Put the deadline on your calendar
Enter the date on your notice so Techoclaro can count the days and remind you.
Open the toolCheck the notice for required details
Confirm it names the lender, the amount to cure and the cure deadline.
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
- The New Jersey Supreme Court held that a defective notice does not automatically require dismissal; the judge chooses the remedy (Guillaume).
- 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 lawFair Foreclosure Act — Notice of Intention
N.J. Stat. § 2A:50-56a.–c.
Exact part: a.–c.
What it says: A Notice of Intention must be sent 30 to 180 days before acceleration or a foreclosure action.
Read the official texthttps://law.justia.com/codes/new-jersey/title-2a/section-2a-50-56/
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
Right to cure and reinstate up to final judgment
N.J. Stat. § 2A:50-57a.
You can cure the default, undo the acceleration and reinstate your mortgage any time up to final judgment by paying what is past due plus allowed costs. This works even if the lender never sent the required notice. If you cure late (after the notice deadline), you cannot use this right again for 18 months.
Read this rightRight to answer the foreclosure complaint (35 days)
N.J. Ct. R. 4:6-1(a)
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.
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 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 rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right