I recently had to research this matter in New Jersey so here you go.
How to file Answer in foreclosure Action in New Jersey.
Do you live in New Jersey and own a house or condo which is in foreclosure? Have you received a court-stamped copy of Complaint filed by the Banks’s attorneys claiming that you defaulted don the loan and there is no other way but to sue you for possession of the property and money? Did you receive a notice that Bank’s attorneys will ask for a default judgment if you do not pay certain sum by certain date? Well, not everything is lost. You can either pay the amount they are asking or you can file an Answer to Complaint and get your day in court. Best advice I can give is to talk to a foreclosure attorney and see if he or she can help you. If you can not get any help form them, check resources to see if you can get free legal help. If everything else fails – prepare and file complaint yourself – pro se (generally not recommended unless it is last option or you have only few days left before other side will ask for default judgment).
Please note that original answer is NOT to be filed with the county court judge, but is to be filed with the court clerk in Trenton (see explanation below)
1) Must file Answer + Foreclosure Case Information Statement.
2) $135.00 is filing fee, must be made payable to Treasurer, State of New Jersey.
3) Check your forms to make sure that they are complete and that you have signed them in the appropriate places. Make at least three copies of the completed forms.
4) Deliver or mail the original and one copy of your answer to the
Foreclosure Processing Services
Clerk of the Superior Court
R.J. Hughes Justice Complex,
P.O. Box 971, 25 Market Street,
Trenton, New Jersey 08625
You may deliver the original and one copy of the Answer and FCIS to the clerk’s office at the address below.
Foreclosure Processing Services
Superior Court Clerk’s Office
R.J. Hughes Justice Complex
25 W. Market St., 6th Floor, North Wing
Trenton, New Jersey 08625
Please enclose a stamped self-addressed envelope so the file-stamped copy can be returned.
5) Mail a copy to the attorney who filed the foreclosure complaint by regular and certified mail, return receipt requested. Mailing is serving the answer. It is OK to use regular mail only, but better to also use certified mail so you could show a proof of mailing.
Please also note that all foreclosure complaints are filed with the Clerk of the Superior Court, Richard Hughes Justice Complex, P.O. Box 971, 25 Market St., Trenton, New Jersey 08625 (see above). All subsequent pleadings (like answer) continue to be filed in Trenton until an action becomes contested. The Office of Foreclosure marks it as a contesting answer. Only when an action is contested, pleadings are filed with the General Equity judge in the county of venue. Once you have filed answer (and the Office of Foreclosure marks it as a contesting answer), you will get other papers from the lender’s attorney and notices from the court. A contesting answer is one that challenges the lender-plaintiff’s right to foreclosure on the property. The Office of Foreclosure sends contesting answers to judges for case management. If the answer is determined to be contesting, the file will be transferred to the Superior Court judge in the vicinage in which the property is located (Chancery court in county where property is situated). If the answer is determined to be non-contesting, the Court will retain the file and process the foreclosure action.
Please remember, that if in answer you put a sentence stating that you do not have enough information to respond – it is NOT a denial of claim. You must actually state “Denied” to make it a denial. Denials make answer a contesting answer.
Good luck.
For more official explanation please follow the link below:
http://www.judiciary.state.nj.us/prose/11380_foreclosure_ans_prose.pdf
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