Fill - Free fillable How to Apply for Foreclosure Mediation (NJ Judiciary) PDF form

Chancery – General Equity

How to Apply for Foreclosure Mediation – November 1 2019

Revised Form Promulgated by 11/01/2019 Notice to the Bar, CN 11270 page 1 of 10

How to Apply for Foreclosure Mediation

(Superior Court of New Jersey - Chancery Division - General Equity)

Who Should Use This Packet?

For questions regarding the new housing counselor requirements as of November 1, 2019:

Please contact the New Jersey Housing & Mortgage Finance Agency at 609-278-7508

You should complete this packet if you wish to participate in the court

-sponsored foreclosure mediation program.

Mediation does

NOT stop a foreclosure action. Despite participating in mediation, the plaintiff can continue to proceed

with the foreclosure

action. Mediation is only available for cases that match the following criteria:

1. Mediation is available for those homes that are residential and have had their financial institutions file a

foreclosure action against them. Mediation is NOT available for commercial mortgages, liens against the

property from a Condominium and Homeowner Association or

resulting from delinquent taxes or other municipal

liens.

2. Foreclosure mediation can be requested up to 60 days after the service of the summons and complaint.

Thereafter, homeowners will only be allowed into the program if they file a motion in the county where the

foreclosure is filed, and a court order is issued permitting them to participate in the Foreclosure Mediation

Program. For more information on filing a motion, see How to File a Motion in a Foreclosure Case Before a

Judge (CN 11899) at njcourts.gov. Note: If you have a court order permitting you to participate in mediation,

attach a copy of the court order with the Mediation Request Statement.

3. The property in foreclosure must be the primary residence of the owner.

4. The mortgaged premises subject to foreclosure must be a one to four family dwelling.

5. All mortgage loan borrowers for the property must request mediation. Mediation is NOT available if all

borrowers are not willing to participate.

6. The borrower is not in bankruptcy.

If your case does

NOT meet all of the above criteria, you are not eligible for foreclosure mediation. Please consult Court

Rule

4:64-1B, which codifies eligibility and participation requirements.

Do NOT use this packet if:

• you are an attorney. Attorneys are not permitted to file by mail and must file the Mediation Request Statement

electronically through eCourts.

With limited exceptions, any paper filed with the court can be looked at by the public.

You may only file documents on

behalf of yourself.

You may not file documents for anyone else. A Power of Attorney does not allow you to file on

behalf of anyone els

e. Documents filed on behalf of anyone else will be returned.

Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented

litigants. The instructions and forms will be periodically updated as necessary to reflect current New Jersey statutes and court

rules. The most recent version of the forms will be available on the Judiciary’s Internet site njcourts.gov. However, you are

ultimately responsible for the content of your court papers.

Submit completed forms to Superior Court Clerk’s Office, Attn: Foreclosure Mediation, P.O. Box 971, 25 Market

Street, Trenton, New Jersey 08625.

How to Apply for Foreclosure Mediation

Revised Form Promulgated by 11/01/2019 Notice to the Bar, CN 11270 page 2 of 10

Things to Think About Before You Represent Yourself in Court

Try to Get a Lawyer

CAUTION: Some Foreclosure cases are very

complex, and you should consider getting a lawyer.

The court system can be confusing, and it is a good idea

to get a lawyer if you can. The law, the proofs necessary

to present your case, and the procedural rules governing

cases in the Chancery Division, General Equity Part are

complex. Most likely, your opponent will be

represented by a lawyer. It is recommended that you

make every effort to obtain the assistance of a lawyer. If

you cannot afford a lawyer, you may contact the legal

services program in your county to see if you qualify for

free legal services. Their telephone number can be

found online under “Legal Aid” or “Legal Services.”

A Directory is also located online on njcourts.gov.

If you do not qualify for free legal services and need

help in locating an attorney, you may contact the bar

association in your county. Most county bar

associations have a Lawyer Referral Service. The

County Bar Lawyer Referral Service can supply you

with the names of attorneys in your area willing to

handle your particular type of case and will sometime

consult with you at a reduced fee. There are also

organizations of minority lawyers throughout New

Jersey, as well as organizations of lawyers who handle

specialized types of cases. Ask your county court staff

for a list of lawyer referral services that include these

organizations.

If you decide to proceed without an attorney, these

materials explain the procedures that must be followed

to have your papers properly filed and considered by the

court. Failure to follow procedures can result in a delay

with processing your documents.

These materials do not provide information on the law

governing your claims or defenses; information on how

to conduct pretrial discovery; information on alternative

dispute resolution procedures, such as mediation, that

may be available or required in your case; information

on the kinds of evidence you need to prove your claims

or defense at trial; or information on other procedural

and evidentiary rules governing foreclosure actions.

What You Should Expect If You Represent

Yourself

While you have the right to represent yourself in court,

you should not expect special treatment, help, or

attention from the court. The following is a list of some

things the court staff can and cannot do for you. Please

read it carefully before asking the court staff for help.

• We can explain and answer questions about how the

court works.

• We can tell you what the requirements are to have

your case considered by the court.

• We can give you some information from your case

file.

• We can provide you with samples of court forms

that are available.

• We can provide you with guidance on how to fill out

forms.

• We can usually answer questions about court

deadlines.

• We cannot give you legal advice. Only your lawyer

can give you legal advice.

• We cannot tell you whether or not you should bring

your case to court.

• We cannot give you an opinion about what will

happen if you bring your case to court.

• We cannot recommend a lawyer, but we can provide

you with the telephone number of a local lawyer

referral service.

• We cannot talk to the judge for you about what will

happen in your case.

• We cannot let you talk to the judge outside of court.

• We cannot change an order issued by a judge.

Keep Copies of All Papers

Make and keep copies of all completed forms and

documents related to your case.

How to Apply for Foreclosure Mediation

Revised Form Promulgated by 11/01/2019 Notice to the Bar, CN 11270 page 3 of 10

Definitions of Words Used in This Packet

Caption - A caption is the name of the case; it lists the name of both the plaintiff(s) and the defendant(s). For example:

ABC Mortgage Company, Plaintiff v. Mary Smith, Defendant.

Certification - A certification is statement that certain facts are true to the best of the knowledge of the person making

the statement. It is like an affidavit but is not sworn before a notary or other authorized person.

Complaint - A complaint is a document in which the plaintiff tells the court the legal basis for the right to foreclose on

the property.

Contesting Answer - A contesting answer is one that challenges the right of the lender to foreclose on the defendant’s

property. A contesting answer will be sent to a judge for a determination on the lender’s right to foreclose.

Defendant - The defendant is the person being sued.

Docket Number - A docket number is the number the court assigns to a case so that it may be identified and located

easily. You must include the docket number on all your communications regarding your case. Note: Documents

without a docket number cannot be filed.

File - To file means to give the court the appropriate documents, forms and fees.

Motion – A motion is an application to the court for a specific order or ruling to be made in favor of the person making

the motion (the movant).

Non-contesting Answer - A non-contesting answer is one that does not challenge with specificity the lender’s right to

foreclose on the defendant’s property. A case with a non-contesting answer will not be sent to a judge for resolution

but will be handled by the Office of Foreclosure in Trenton.

Notice of Motion – A Notice of Motion is the form used to inform the court and all opposing parties that the moving

party is seeking a specific ruling or order from the court. A Notice of Motion must identify the courthouse where the

motion will be heard (the courthouse in the county where the case is filed).

Plaintiff - The plaintiff is the person who files a complaint in a lawsuit.

Pro se - Pro se is a Latin term that means “on one’s own behalf.” A plaintiff or defendant in a lawsuit who does not

have an attorney is said to be appearing pro se.

Proof of Mailing - Proof of mailing is the form in which you provide the dates and method you used to give the other

parties copies of the papers that you filed in court.

Redaction - The censoring or obscuring of part of a text for legal or security purposes is called redaction. Note: Any

documents received by the Clerk’s Office will be processed and placed in the case jacket which, with limited

exceptions, is available for public view.

Service - Service refers to the delivery of the complaint or any other paper in a suit to the other parties in the case.

Formal legal service requires that the service be made by an authorized person or by mail or, in limited situations, by

publication in a newspaper.

Summons - A summons is the paper that notifies the defendant that he or she is being sued and briefly explains the

steps they need to take once they have received this notice.

Venue - The venue is the particular county in which a court with jurisdiction may hear and determine a case.

How to Apply for Foreclosure Mediation

Revised Form Promulgated by 11/01/2019 Notice to the Bar, CN 11270 page 4 of 10

The numbered steps listed below tell you what forms you will need to fill out and what to do with them. Each form should be typed or

printed clearly on 8 ½” x 11” white paper only. Forms may not be filed on a different size or color paper.

Steps to Take to Apply for Foreclosure Mediation

STEP 1: Complete the Mediation Request

Statement (Form A).

The Mediation Request Statement lists the name,

property address and docket number of the foreclosure

action. Note: If you have a court order permitting you

to participate in Foreclosure Mediation, attach a copy of

the court order with the Mediation Request Statement.

STEP 2: Prepare your papers for mailing.

Checklist - You will need the following items:

The original Mediation Request Statement (if

you have a court order permitting you to

participate in mediation, be sure to attach it

to the Mediation Request Statement.)

Review your papers to ensure all personal

identifiers are redacted, (unless such personal

identifies are required to be included).

Note: There is no fee to request

foreclosure mediation.

STEP 3: Mail or deliver your papers to the Clerk’s

Office for filing.

Mail or deliver the original Mediation Request

Statement to the Superior Court Clerk’s Office at the

address below. (Include a copy of the Order for

participation in foreclosure mediation, if applicable).

All papers sent to the Clerk’s Office must have a have an

original, ink signature.

Superior Court Clerk’s Office

Attn: Foreclosure Mediation

P.O. Box 971

25 Market Street

Trenton, New Jersey 08625

If you mail the papers, we recommend that you use

certified mail, return receipt requested.

STEP 4: You will be notified as to the result of

the filing.

Once you file the Mediation Request Statement, the

Clerk’s Office will review and determine whether the

property is eligible for mediation. You will be

notified of the outcome from the Clerk’s Office.

If you are approved for Foreclosure Mediation, a

letter will be sent from the Superior Court Clerk’s

Office advising you that the case has been accepted

into the mediation program.

The Superior Court Clerk’s Office will schedule the

date and time of your first mediation session. The

date and time of your first mediation will appear

in your acceptance letter.

All mediations are conducted by telephone.

You can have an attorney on the call if you want to,

however attorney representation is not required.

Notify the Superior Court Clerk’s Office with as

much notice as possible if you require translation

services or any other accommodation. Email

scco.mailbox@njcourts.gov or call 609-421-6100

between the hours of 8:30am and 4:30pm, Monday

through Friday.

Note: If the property qualifies for mediation and

you have received a letter from the Superior Court

Clerk’s Office, continue to STEP 5. If the property

does NOT qualify for mediation, follow the

instructions in STEP 6.

STEP 5: What steps do I take if the property

has been approved for foreclosure mediation?

Important: Once you have been approved for

mediation, you will no longer be working with the

Superior Court Clerk’s Office. Instead you will be

working directly with the plaintiff’s attorney.

If the case has been accepted, you must complete

the Foreclosure Mediation Checklist (CN 11655) as

well as the Foreclosure Mediation Financial

Worksheet (CN 11269). Both of these forms can be

found on the Office of Foreclosure web page, listed

under Foreclosure Mediation Resources/Foreclosure

Mediation Forms.

After completing all of the steps and additional files

with the above forms, the completed mediation

packet should be mailed to the plaintiff’s attorney.

Note: Do not send sensitive financial documents

to the Superior Court Clerk’s Office. Items on

the Foreclosure Mediation Checklist and the

Foreclosure Mediation Financial Worksheet should

be sent to the plaintiff’s attorney, not to the court.

Upon review, the plaintiff’s attorney may request

additional or updated information from you. It is

your obligation and responsibility to supply the

plaintiff’s attorney with any additional requested

documents in a timely manner. Failure to provide

the requested documents to the plaintiff’s

attorney may result in your removal from the

How to Apply for Foreclosure Mediation

Revised Form Promulgated by 11/01/2019 Notice to the Bar, CN 11270 page 5 of 10

mediation program. The address for the plaintiff’s

attorney is located on the Complaint that was

initially served upon you.

STEP 6: What can I do if the property does NOT

qualify for mediation?

If the property does not qualify for mediation, the

Superior Court Clerk’s Office will send a letter

informing you that the case does not qualify, and

the mediation request is denied.

If you still wish to participate in mediation, you will

be required to file a motion in the county where the

property is located, requesting to be permitted to

participate in mediation.

Motion packets can be found on the Office of

Foreclosure web page, listed under Foreclosure

Mediation Resources/Foreclosure Mediation Forms.

Use the packet entitled How to File a Motion in a

Foreclosure Case Before a Judge (CN 11899).

Important: If you are using this packet to request

permission to participate in Foreclosure Mediation,

you must return the motion to:

The Superior Court Clerk’s Office

P.O. Box 971

Trenton, New Jersey 08625

The fee to file a motion is $50. Please include a

check or money order for $50 made payable to

Treasurer, State of New Jersey.

Keep copies of all papers you provide to the

court or any other party. Make and keep for

yourself if copies of all completed forms and any

canceled checks, money orders; receipts, bills,

contract estimates, letters, leases, photographs and

other important papers that relate to your case.

How to Apply for Foreclosure Mediation

Revised Form Promulgated by 11/01/2019 Notice to the Bar, CN 11270 page 6 of 10

Additional Information

• Mediation does not stop a foreclosure action. This means that, despite participating in mediation, the plaintiff can

proceed with the foreclosure action.

• There is no fee for foreclosure mediation.

• There are several possible solutions that you and your lender can explore. Many of your initial questions can be

answered by accessing the NJ Judiciary Foreclosure Mediation Program website.

• For further information, please contact the Superior Court Clerk's Office by calling (609) 421-6100 between the hours

of 8:30 am - 4:30 pm or sending an email to SCCO.Mailbox@njcourts.gov.

Housing Counselors

• Housing counselors are available for homeowners involved in foreclosure. Housing counselors assist homeowners in

reviewing their financial information, preparing their documentation for mediation and evaluating all available

options to help you retain your home, including loan modification.

• To speak with a counselor, please call 609-278-7508 and ask for the number of a housing counselor in your area

certified by the Department of Housing & Urban Development (HUD) or visit the New Jersey Housing and Mortgage

Finance Agency (NJHMFA) website at http://www.njhousing.gov.

• Starting November 1, 2019, homeowners are required cooperate with a housing counselor to participate in

mediation. If you do not provide housing counselor information with your mediation request form, you will

automatically be referred to NJHMFA.

For questions regarding the new housing counselor requirements as of November 1, 2019, please contact the

New Jersey Housing & Mortgage Finance Agency at 609-278-7508.

How to Apply for Foreclosure Mediation

Revised Form Promulgated by 11/01/2019 Notice to the Bar, CN 11270 page 7 of 10

Instructions for Completing the Mediation Request Statement (Form A)

1. After County, enter the county where the case is filed.

2. In the spaces following Docket No: enter the docket number. This information can be found in the complaint that was

served on you.

3. On the line labeled Plaintiff(s) Name, enter the plaintiff’s name.

4. On the line labeled First Defendant’s Name, enter the name of the first defendant listed on the complaint.

Section A - Homeowner-Borrower’s Certification

This section requires that the borrowers certify to the information contained in the numbered statements. Additionally,

certain information must be filled in by the borrowers.

1. On the line under Section A - Homeowner-Borrower’s Certification, enter name(s) of every borrower on the note.

2. In item #1, write the full property address, city, state and zip on the line provided. The property must be the primary

residence and be a residential (one to four-family home).

3. In item 4, select the appropriate response for the statement have have not filed an answer to the foreclosure

complaint...

4. In item 5, select the appropriate response for the statement am/are am not/are not currently in bankruptcy.

5. For item 6, enter the date that you were served with a copy of the complaint (mm/dd/yyyy format).

6. In item 7, select the appropriate response for the statement have have not spoken with a housing counselor.

7. In item 8, select the appropriate response for the statement do do not wish to request an interpreter for the

mediation.

8. Each borrower on the note must print, sign and date the certification. Sign your name on the line marked Signature of

Borrower and enter the date on the line marked Date. Print your name on the line provided. Use the Co-Borrower

signature area for any additional defendants.

Note: when you fill out this form, you are certifying that the statements made on the form are true. If you willfully

make false statements, you may be subject to punishment.

Section B - Housing Counselor’s Certification*

Your housing counselor should sign and date this certification. If you fail to provide housing counselor information with

your request form, you will automatically be referred to the New Jersey Housing and Mortgage Finance Agency to be

assigned a housing counselor.

1. Have the Housing Counselor enter their name on the line provided.

2. Have the Housing Counselor sign and date the form and print their name on the lines provided.

Section C - Housing Counselor Contact Information*

1. Enter the housing counselor’s name, email address, office phone and cell phone.

2. Enter the housing counselor’s full address (street, city, state and zip).

3. Failure to provide housing counselor information will result in referral to NJHMFA.

How to Apply for Foreclosure Mediation

Revised Form Promulgated by 11/01/2019 Notice to the Bar, CN 11270 page 8 of 10

Section D - Attorney Contact Information (If you are not represented by an attorney, skip this section.)

1. Enter the Attorney’s name, ID number, office phone and cell phone.

2. Enter the attorney’s full address (street, city, state and zip).

3. Have your attorney sign and date the form and print their name under the signature.

Section E

1. Enter the name, e-mail address, home phone and cell phone of the first borrower. Note: the phone number and e-mail

address are required.

2. Enter the borrower’s full address (street, city, state and zip).

3. Enter the name, e-mail address, home phone and cell phone of the co-borrower (if applicable). Note: the phone

number and e-mail address are required.

4. Enter the co-borrower’s full address (street, city, state and zip).

Do not include personal and confidential information such as social security numbers, active loan or account

numbers or driver’s license numbers.

If you are accepted to participate in Foreclosure Mediation, items on the Foreclosure Mediation Checklist

and the Foreclosure Mediation Financial Worksheet should be sent directly to the plaintiff’s attorney, not

to the court. (See: Step 5)

Revised Form Promulgated by 11/01/2019 Notice to the Bar, CN 11270 page 9 of 10

NOTICE: This is a public document, which means the document as submitted will be available to the public upon request. Therefore, do not enter

personal identifiers on it, such as Social Security number, driver’s license number, vehicle plate number, insurance policy number, active financial

account number, or active credit card number.

Mediation Request Statement

Homeowner-Borrower(s) Request for Court Sponsored Foreclosure Mediation

County

Docket No: F

–

Plaintiff’s Name

First Defendant’s Name

Section A: Homeowner-Borrower’s Certification

hereby certifies and says:

I/We am/are the owner and mortgagor of the property subject to foreclosure in the above captioned foreclosure

action, which property is known

as .

The complaint is to collect a mortgage debt and I/We am/are the borrowers of the mortgage loan.

I/We live in the above-described residential property. The property is my/our principal residence.

I/We have have not filed an answer to the foreclosure complaint filed by my lender.

I/We am/are am not/are not currently in bankruptcy.

I/We were served with a copy of the complaint on .

I/We have have not spoken with a housing counselor.*

I/We do do not wish to request an interpreter for the mediation.

I/We certify that the statements made above are true. I/We am/are aware that if any of the statements made by me/us

are willfully false, I/We am/are subject to punishment.

Signature of Borrower

Date

Signature of Co-Borrower

Date

Type or Print Name

Section B: Housing Counselor’s Certification*

hereby certifies and says:

I am a trained foreclosure prevention and default mitigation counselor.

I verify that the above-mentioned borrower/s is/are cooperating with me

Signature of Housing Counselor (Required after November 1, 2019)

Date

Type or Print Name

*Note: Failure to submit this certification will result in automatic referral to the New Jersey Housing and Mortgage Finance

Agency. Your participation in mediation will be contingent upon receiving a certification from the housing counselor.

Section C: Housing Counselor Contact Information*

Name

Email Address

Office Phone

Cell Phone

Address

City

State

Zip

Note: Effective November 1, 2019, homeowners are required to cooperate with a certified housing counselor to participate

in mediation. If you do not provide housing counselor information, we will automatically refer you to the New Jersey Housing and

Mortgage Finance Agency.

Save

Clear

Ext.

Revised Form Promulgated by 11/01/2019 Notice to the Bar, CN 11270 page 10 of 10

Section D: Attorney Contact Information (if applicable)

Name

Attorney ID

Office Phone

Cell Phone

Address

City

State

Zip

Signature of Attorney

Date

Type or Print Name

Section E: Homeowner Contact Information (Provide contact information for all parties listed on the mortgage)

Borrower’s Name

Email Address*

Home Phone*

Cell Phone*

Address

City

State

Zip

Co-Borrower’s Name

Email Address*

Home Phone*

Cell Phone*

Address

City

State

Zip

*Note: Email address and phone number are required for all borrowers.

Completed Mediation Request Statements must be sent to the Superior Court Clerk’s Office:

Attention: Foreclosure Mediation

P.O. Box 971

25 Market Street

Trenton NJ, 08625

Attorneys must submit the Mediation Request Statement via eCourts.

Ext.

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