Can the Bank Repossess My NJ Foreclosed Home Before Evicting Me?

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If your home has been through the NJ foreclosure process and the new owner has tried to take possession of the property before you have received formal eviction notice, it is important for you to know your rights.

Naturally, if you’ve made it all the way to the end of the foreclosure process in New Jersey, the fact that you’ll have to move soon should come as no surprise. With that being said, as the former owner of the home, it is within your rights to stay in the home until you have received proper notice of eviction.

After the Sheriff’s Sale of your home has occurred, the NJ County Sheriff must provide the bank/lender with the property deed within ten days. If the bank or lender was not the winning bidder at Sheriff’s Sale, the successful party who purchased the home will be the deed recipient. It is most often the mortgage company who ends up with the home since they are the ones who initiated the foreclosure process in the first place. Their reason for filing for foreclosure is so they can re-sell the home to recover part or all of mortgage loan that you (as the borrower) have failed to pay. Missed mortgage payments are what lead to foreclosure.

Upon receipt of the deed to the property, the mortgage company’s next step is to file a formal eviction motion in New Jersey State court. Without this official eviction (called a Writ of Possession in legal terms), you cannot be forced to leave the home even after it has been sold at foreclosure sale.

Is your mortgage company attempting to force you out of the home without a formal eviction? If you have yet to see an actual eviction notice affixed to your front door, you have almost certainly not been served with notice to vacate the premises. Any efforts on the part of the lender to forcibly kick you out without eviction paperwork is against the law in New Jersey.

We typically advise our foreclosure clients to be prepared with an alternate place to live as of the date of the Sheriff’s Sale. Forcing your mortgage company to evict you can look bad to your future landlords or lenders – potentially marking you as a “difficult” borrower or renter. However, it is within your rights to remain in the home until you have formally been evicted, and staying there can give you several months to save money because you won’t be paying a mortgage or rent payment. Weigh your options carefully before you decide whether to vacate willingly or stay put until the Sheriff removes you.

The bottom line is that, legally, your mortgage company (or new owners after Sheriff’s Sale) cannot take possession of the home until you have been formally served with an eviction notice. If your foreclosed home’s new owners are attempting to prematurely take possession of the property by locking you out, removing your personal items, or moving new tenants in while you aren’t home – you need to contact your New Jersey foreclosure attorney right away in order to preserve your rights.

Image credit: Andy Wright

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