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Under New Jersey law, which court process must be used when a lender seeks to foreclose on a defaulted mortgage?

Correct Answer

B) Judicial foreclosure through the court system

New Jersey is a strictly judicial foreclosure state. All mortgage foreclosures must proceed through the court system, involving filing a complaint, serving the borrower, obtaining a judgment of foreclosure, and conducting a sheriff's sale. There is no non-judicial or power-of-sale option available in New Jersey.

Answer Options
A
Non-judicial foreclosure through a trustee's sale
B
Judicial foreclosure through the court system
C
Administrative foreclosure through the NJREC
D
Power-of-sale foreclosure initiated by the lender

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Related Topics & Key Terms

Key Terms:

judicial_foreclosuresheriff_salemortgage_defaultnj_foreclosure_process

Related Concepts

In the context of foreclosure, a deed transfers ownership of the foreclosed property to the new owner, typically the buyer at a foreclosure sale.

Discount points are upfront fees paid to a lender at closing to reduce (buy down) the interest rate on a mortgage loan. One point equals 1% of the loan amount and typically reduces the rate by approximately 0.25%.

An FHA loan is a mortgage insured by the Federal Housing Administration that allows lower down payments and credit scores than conventional loans. It is designed to help first-time homebuyers and borrowers with limited resources.

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