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Terms Used In New Jersey Statutes 2A:50-75

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
2. a. The Legislature finds and declares that the New Jersey Judiciary established a Foreclosure Mediation Program in 2008 in response to the increase in residential foreclosures. This act ensures the continuation of mediation services provided under that program to assist homeowners and lenders in pursuing a mutually agreeable alternative to mortgage foreclosure litigation and to avoid the harmful effects of residential property foreclosure on homeowners, families, and communities.

b. For the purposes of P.L.2019, c.64 (C. 2A:50-74 et al.):

“Certification document” means the document that the homeowner-borrower is required to submit to the court upon the initiation of foreclosure mediation, pursuant to subsection b. of section 4 and subsection a. of section 5 of P.L.2019, c.64 (C. 2A:50-77 and C. 2A:50-78).

“Eligible property” means an owner-occupied one- to four-dwelling unit residence, one of which is occupied, or is planned to be occupied, by the homeowner-borrower, or a member of the homeowner-borrower’s immediate family.

“Foreclosure Mediation Program” or “mediation program” means the New Jersey Judiciary’s Foreclosure Mediation Program as authorized by the Supreme Court of New Jersey.

“Homeowner-borrower” means the borrower who executed the mortgage loan for an eligible property that is subject to a foreclosure complaint filed by the original residential mortgage lender or an assignee of the original residential mortgage lender.

“Trained foreclosure prevention and default mitigation counselor” means a housing counselor employed by a housing counseling agency certified by the United States Department of Housing and Urban Development, who has successfully completed a foreclosure prevention and default mitigation training course.

L.2019, c.64, s.2.