Evictions and ejectments are increasing in New Jersey. With Sheriff's sales resuming post-pandemic and inflation driving more and more people deeper into debt, foreclosures ending in ejectment from the home are more common now than a year ago. If a foreclosure is looming, losing your home or becoming locked out of your residence is likely a huge concern. Depending on where you are in the foreclosure process, it is possible to avoid these outcomes.
The Sheriff's sale is the final step in the foreclosure process. Your lender can sell your home and collect the proceeds to repay your debts. Once the home is sold at the Sheriff's sale, you may have the chance to challenge the sale, allowing you to stay in your home for a short time. Once the deed to the house is transferred, however, you will no longer have ownership rights to the home. Losing rights to ownership doesn't mean you have no rights, though.
If you are still living in the residence, the new owner must take the proper legal steps to displace you from the home. The new owner will need to file a complaint with the court and serve you with the court order. After this, you will have a designated window of time in which to respond to the complaint. If you do not respond, the owner can file a default judgment with the court. If the decision goes through, it will prompt the Sheriff's office to notify you that you must leave the home by a specific date.
Lockouts happen after the Sheriff has notified you that the court has ordered an ejectment and set a date. The Sheriff will come to the residence and change the locks on the designated day. They will check to ensure the house is not occupied and remove any personal belongings left in the residence. If you have not removed all of your belongings from the house by then, the Sheriff will put any remaining items in storage.
The new owner or your lender may try to lock you out of the residence before the court has officially ordered the ejectment. Barring you from the home before ejectment is unlawful if you still use the house as your primary residence. If you have found yourself locked out of your residence before receiving the formal notice of ejectment, you need to seek the advice of an experienced attorney. They can help you assert your rights in court.
It is possible in nearly every case of foreclosure to avoid ejectment. Most people are not aware of the plethora of options they have at their disposal to stall foreclosure, keep their homes, and settle their debt. The longer you wait to seek help for these problems, the fewer solutions we will have to offer. Veitengruber Law is an experienced New Jersey foreclosure defense law firm. Don't wait until your home is sold and you are locked out. The sooner you call, the more options we have to help you keep your home and avoid ejectment.