By David Chapman · September 20, 2026 · 7 min read
Foreclosure does not happen overnight. It is a sequence of steps, each with its own deadlines and its own opportunities to intervene. Here is how it typically unfolds in New Jersey, which is a judicial foreclosure state: the lender must sue in Superior Court and get a judgment before any sale. Timelines vary by lender and by whether you contest the case, so treat these as ranges.
Day 1 to 30: the first missed payment
Most loans have a 15-day grace period, after which a late fee applies. The servicer will begin calling. Nothing has been filed, and reinstating is as simple as making the payment.
Day 30 to 90: delinquency
After 30 days, the missed payment is reported to credit bureaus. Federal rules require the servicer to reach out about loss mitigation options by day 36 and to send written information about them by day 45. This is the ideal time to apply for a modification, because a complete application submitted early carries the strongest protection against a sale.
Day 90 to 120: pre-foreclosure
Under federal law, the servicer generally cannot make the first foreclosure filing until you are more than 120 days delinquent. In New Jersey the lender must also mail a Notice of Intention to Foreclose under the Fair Foreclosure Act at least 30 days (and no more than 180 days) before filing. It states the arrears and your right to cure, which you keep all the way to final judgment. What to do when you receive a Notice of Default.
Day 120 and beyond: the foreclosure is filed
The lender files a complaint in the Superior Court and serves you. From here:
- You have 35 days to answer. A contesting answer sends the case to a Chancery Division judge in your county (for Hudson County, the Brennan Courthouse in Jersey City). This is where litigation defenses are raised.
- No answer means "uncontested." The case is processed on paper by the Office of Foreclosure in Trenton, and the lender moves toward final judgment after sending a further 14-day notice giving you a last chance to cure.
- Mediation. Owner-occupants can request the free Foreclosure Mediation Program within 60 days of service, which pauses the march to judgment while a modification is negotiated.
Final judgment and the sheriff's sale
After final judgment, a writ of execution goes to the county sheriff, who has 150 days to schedule the sale. In Hudson County, sales are held on Thursdays at 595 Newark Avenue in Jersey City. By statute you can adjourn the sale twice, up to 30 days each time, and the court can grant more for good cause. Before the sale you can still reinstate, close a short sale with lender postponement, or in some cases obtain a court order stopping it. A bankruptcy filing also imposes an automatic stay. See stopping a sale at the last minute.
After the sale
New Jersey gives you 10 days after the sheriff's sale to redeem the property by paying the full judgment and costs, or to file an objection to the sale; the deed is not delivered until that window passes, and a bankruptcy filed within it extends the time. If the sale price exceeded what was owed, the surplus belongs to you and must be claimed through the court. Post-sale options are narrow, but if the foreclosure was defective, a sale can sometimes be set aside.
The lesson
Every stage above has more options than the one after it. If you take one thing from this timeline, take this: call early.
Attorney Advertising. This article is general information, not legal advice. Laws vary by state and change over time; talk to an attorney about your situation.