By David Chapman · September 27, 2026 · 5 min read
A Notice of Intention to Foreclose is a letter, not a lawsuit. It is the formal warning New Jersey law requires a residential mortgage lender to send before it can file a foreclosure case. Nothing has been filed in court when you receive it, and you have more options at this point than you will at any later stage. The notice also starts a clock, so it should not go in a drawer.
Why the lender has to send it
The requirement comes from New Jersey's Fair Foreclosure Act, at N.J.S.A. 2A:50-56. Before a lender can accelerate a residential mortgage and start a foreclosure, it must give the borrower written notice at least 30 days, and not more than 180 days, before filing.
The notice must be sent by registered or certified mail, return receipt requested, to your last known address and to the property address if that is different. The lender must also state in its foreclosure complaint that it complied with this requirement.
What the notice must tell you
The statute lists what the notice has to contain. Among other things, it must clearly state:
- The mortgage or obligation involved.
- The nature of the default the lender is claiming.
- Your right to cure the default.
- Exactly what you must do to cure, including the sum of money required.
- The date by which you must cure to avoid a foreclosure filing, which cannot be less than 30 days after the notice takes effect.
- That the lender may take steps to end your ownership of the property by starting a foreclosure if you do not cure by that date.
- That you still have the right to cure after a foreclosure is filed, but that you will then be responsible for the lender's court costs and attorney's fees as allowed by the court rules.
- Your right to transfer the property to another person, subject to the mortgage.
- That you are advised to seek counsel from an attorney, along with referral information for the bar association and legal services.
- That financial assistance for curing a default may be available through government programs.
- The name and address of the lender, and a telephone number for a representative you can contact if you dispute the default or the amount.
Read your notice against this list. A notice that leaves out required information, or names the wrong lender, can become a defense if a foreclosure is filed later.
What "cure" means
Curing the default means paying the amounts that are past due, plus the late charges and costs the law allows. It does not mean paying off the entire loan. When you cure, the mortgage is reinstated as if the default had not happened.
In New Jersey you keep the right to cure all the way up to the entry of final judgment. It is less expensive to cure before a complaint is filed, because the lender's court costs and attorney's fees have not yet been added.
What to do in the next 30 days
- Note the dates. Write down the date on the notice and the cure deadline it gives.
- Check the numbers. Compare the amount demanded with your own payment records. If a payment was not credited or a fee looks wrong, say so in writing to the contact listed on the notice, and keep a copy.
- Decide whether you can cure. If you can pay the arrears, ask for a written reinstatement figure that is good through a specific date, and pay in a way that leaves a record.
- If you cannot cure, apply for help now. Submit a complete loan modification application to your servicer.
- Talk to a HUD-approved housing counselor. Counseling is free, and a counselor can help you assemble the financial package.
- Look at every exit. If keeping the home is not realistic, a short sale or a deed in lieu may limit the damage, and both are easier to arrange before a case is filed.
- Keep everything. Save the notice, the envelope, and any certified mail receipt.
- Get legal advice. An attorney can review whether the notice complies with the statute and which options fit your situation.
Mistakes to avoid
- Ignoring the letter. The lender is allowed to file once the notice period has run.
- Relying on a phone call. If a servicer representative tells you not to worry because your file is "in review," ask for that in writing.
- Paying for "foreclosure rescue." Be wary of anyone who asks for an upfront fee, asks you to sign over your deed, or tells you to stop communicating with your lender.
If you do not cure in time
The lender may file a foreclosure complaint in Superior Court. Federal rules generally also require that you be more than 120 days delinquent before that first filing. Once you are served, you have 35 days to file an answer, and owner-occupants have 60 days to request the court's free mediation program. Our foreclosure timeline explains each stage.
David reviews Notices of Intention to Foreclose as part of his foreclosure defense practice. If you have received one, contact the office and bring the notice with you.
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.