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A borrower in Essex County, New Jersey receives notice that a foreclosure complaint has been filed against her property. Her neighbor tells her that if she does nothing, the lender can sell the property at a trustee's sale within 90 days. Which of the following statements correctly describes the actual foreclosure timeline and process in New Jersey?

Correct Answer

D) The neighbor is incorrect; New Jersey uses judicial foreclosure, which typically takes two or more years and results in a sheriff's sale, not a trustee's sale

New Jersey is a judicial foreclosure state with one of the longest foreclosure timelines in the nation, often exceeding two years. The process requires filing a complaint, serving the borrower, court proceedings, obtaining a judgment of foreclosure, and then conducting a sheriff's sale (not a trustee's sale). The neighbor's description of a 90-day non-judicial trustee's sale is completely inaccurate for New Jersey.

Answer Options
A
The neighbor is incorrect; New Jersey requires a minimum of six months before any foreclosure sale can occur, after which a trustee's sale is held
B
The neighbor is correct; New Jersey allows a 90-day expedited non-judicial foreclosure for residential properties
C
The neighbor is correct; the lender can proceed to a trustee's sale after 90 days only if the mortgage has a power-of-sale clause
D
The neighbor is incorrect; New Jersey uses judicial foreclosure, which typically takes two or more years and results in a sheriff's sale, not a trustee's sale

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Related Topics & Key Terms

Key Terms:

judicial_foreclosureforeclosure_timelinesheriff_saletrustee_sale

Related Concepts

A conventional loan is a mortgage that is not insured or guaranteed by a government agency such as the FHA, VA, or USDA. It is originated and funded by private lenders and may be conforming or non-conforming.

The debt-to-income ratio (DTI) compares a borrower's monthly debt obligations to their gross monthly income. It is used by lenders to determine how much mortgage a borrower can afford.

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

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