When The House Is Foreclosed
N.J.S.A. 2A:50-56 — a notice of intention at least 30 days before a foreclosure
In New Jersey, before a residential mortgage lender may accelerate the loan and start a foreclosure, it gives the debtor a written notice of intention, including a notice of the right to cure, at least 30 days, but not more than 180 days, before that action. The notice goes by registered or certified mail, return receipt requested.
The notice states the default, what sum and performance cures it, and a date to cure that is not less than 30 days after the notice is effective. It also names the Foreclosure Mediation Program and the free housing counseling that comes with it.
Curing up to final judgment. The debtor has the right at any time up to the entry of final judgment to cure the default, de-accelerate and reinstate the mortgage, by paying the sums that would have been due without the default, late charges and the costs and fees the section allows. A cure puts the debtor back where they were before the default. The right may be used only once every 18 months, unless the cure comes by the date in the notice.
| The assumption | What the law actually does |
|---|---|
| The assumptionThe lender can file as soon as a payment is missed | What the law actually doesNot until at least 30 days after the notice of intention |
| The assumptionOnce the case is filed, the whole loan is due | What the law actually doesThe default can be cured, and the loan reinstated, up to final judgment |
| The assumptionCuring costs a penalty on top | What the law actually doesNo charge, fee or penalty for using the right itself, though late charges and the costs and fees the section allows are paid |
Loss mitigation, loan modification and the federal servicing rules run alongside a foreclosure on their own deadlines and are not on this page. Whether a notice was proper, whether a defense exists, and what a particular sale means are questions for a licensed New Jersey attorney.
Sources for this section (2)
- N.J.S.A. 2A:50-56 — Notice of intention to foreclose
- N.J.S.A. 2A:50-57 — Curing of default
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.