A New Jersey borrower received a foreclosure complaint from her lender. She wants to challenge the foreclosure on the grounds that the lender did not properly follow the required notice procedures. In which court must she file her response and any counterclaims?
Correct Answer
D) The New Jersey Superior Court, Chancery Division
All New Jersey foreclosure actions are filed in and adjudicated by the Superior Court, Chancery Division. Because NJ is a judicial foreclosure state, the entire foreclosure proceeding — including the borrower's response, any defenses, and counterclaims — must be filed in this court. The Chancery Division handles equitable matters, and foreclosure is an equitable action in New Jersey. The borrower must file an answer within the time specified in the court rules after being served with the complaint.
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