By David Chapman · September 29, 2026 · 5 min read
Being handed a summons and foreclosure complaint is frightening, but it is also the moment the case becomes something you can respond to. New Jersey is a judicial foreclosure state, which means the lender has to sue you in Superior Court and win a judgment before any sale. The complaint is the lender's opening move. The answer is yours, and the clock on it is short.
The 35-day deadline
You have 35 days from the date you receive the summons and complaint to file a written answer. Mark the date you were served and count forward.
What you do in those 35 days decides which track your case takes:
- If you file a contesting answer, the file is transferred to a Superior Court judge in the vicinage where the property is located, and the lender has to prove its case to that judge.
- If you file nothing, or file an answer that does not actually dispute the lender's right to foreclose, the case is treated as uncontested. It stays with the Office of Foreclosure in Trenton and is processed largely on paper.
An uncontested case is not over. You keep the right to cure the default up to final judgment, and the lender must send a further 14-day notice before it applies for final judgment. But you have given up the chance to make the lender prove anything.
What an answer is
An answer is a written document that responds to each numbered paragraph of the complaint. For each statement you admit it, deny it, or say you do not have enough information to know whether it is true. It then lists your affirmative defenses, which are the facts and legal reasons the lender should not get a judgment even if its statements are accurate.
The court's own instructions give examples of affirmative defenses, including violations of the Fair Foreclosure Act, violations of the Truth in Lending Act, and fraud. Other issues that come up in New Jersey cases include:
- Whether the plaintiff actually held the note or a recorded assignment of the mortgage when it filed.
- Whether a proper Notice of Intention to Foreclose was mailed before the complaint was filed.
- Whether the amount claimed is correct, including payments that were not credited and fees that were added.
- Whether the servicer followed federal rules on reviewing a loan modification application.
Which defenses apply depends on your documents, so the answer should be built from your loan file, not from a template.
What must be filed with it
The New Jersey Judiciary publishes a self-help packet called "How to File an Answer to a Foreclosure Complaint." According to that packet, an answer must be filed with:
- A completed Foreclosure Case Information Statement.
- A Certification under Court Rule 4:5-1.
- The filing fee, payable to the Treasurer, State of New Jersey. The fee is higher if your answer includes a counterclaim, cross-claim, or third-party complaint. Confirm the current amount with the court before you file.
You also have to send a copy to the lender's attorney.
Two rules in the packet catch people off guard. You may file an answer only for yourself, so one spouse cannot sign for the other, and a power of attorney does not change that. And a corporation, LLC, or partnership named in the complaint cannot answer without an attorney.
A letter to the judge is not an answer
Many homeowners respond to a complaint by writing a letter that explains the hardship: a lost job, an illness, a modification that is "in review." Those facts matter in a loan modification application, but a hardship by itself is not a legal defense to foreclosure. An answer that does not challenge the lender's right to foreclose can be treated as non-contesting, and the case stays on the uncontested track.
Do not forget mediation
The answer deadline is not the only one running. If you own and live in the home, you can request the free Foreclosure Mediation Program, and that request must be filed within 60 days of service.
If the 35 days have already passed
If you miss the deadline, the lender can ask the court to enter default against you. That is serious, but it is not always final. The court rules allow a defendant to ask that a default be set aside for good cause, and the earlier you ask, the better your position. You also still have the right to cure, the right to apply for a modification, and the other tools described in our foreclosure timeline.
Should you file on your own?
You are allowed to, and the court's packet is written for people who do. The same packet also says that foreclosure law and procedure are complex, that the lender will most likely have a lawyer, and that you should make every effort to get one. If you cannot afford an attorney, contact the legal services program in your county to see whether you qualify for free help.
David reviews complaints and prepares answers as part of foreclosure litigation. Contact the office before the 35 days run out.
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.