At the Law Office of Ira J. Metrick, we receive and review all notices our clients receive during the New Jersey Foreclosure Process, and we provide explanations of the notices and how they affect the foreclosure process.
What is a Request for Entry of Default?
If you have received a Request for Entry of Default, it means that the lender is telling the Court that you have been served with the Foreclosure Complaint and you have decided not to fight the foreclosure. After your lender files a foreclosure complaint, it will be served on all of the Defendants. Defendants have 35 days to file an Answer and contest the right to foreclose. If an Answer is not filed within 35 days, the mortgage lender can ask the court for entry of default. Once Default is entered, the lender can prepare to apply for Final Judgment.
When is a Request for Entry of Default Filed?
Here is a quick rundown of the foreclosure process to give you an idea of what stage you would see a request for entry of default.
- The first thing you will receive from you lender is a Notice of Intent to Foreclose. This is an important protection afforded by the Fair Foreclosure Act. Your lender must send notice of their intent to file a foreclosure complaint 30 days before doing so.
- If you cannot cure the default on your mortgage and have not reached an agreement with your lender in the 30 days since receiving the notice of intent to foreclose, the lender may officially file a foreclosure summons and complaint.
- The lender must attempt to personally serve you with the summons and complaint which may be through regular or certified mail.
- You have 35 days to answer the complaint. If you do not, then you may receive a request of entry of default.
- After entry of default, the lender will give you one more opportunity to pay the arrears and reinstate the loan. After that, the can submit their Application for final judgment from the court.
- If final judgment is granted, the lender will receive a Writ of Execution from the court ordering the sheriff to sell your house at public auction.
- You will get a notice of when the sheriff sale will take place. You may delay this two weeks provided a fee is paid. Additional postponements may be granted by the court in certain circumstances.
- After the Sheriff Sale, there is a 10 day Right of Redemption, which allows 10 days to pay the full amount owed, or file a Motion to ask the Court to Set Aside the Sheriff Sale.
Learn more about the NJ Foreclosure Timeline
Each notice you receive can affect the foreclosure process. If you need to know what a specific notice means, the Law Office of Ira J. Metrick can assist you by explaining them to you. We also offer representation to receive all of your notices in our office, and then forward them to you with explanations.