FAQ

New Jersey Laws

How are mortgage liens treated in New Jersey?

New Jersey is known as a lien theory state where the property acts as security for the underlying loan. The document that places the lien on the property is called a mortgage.

How are New Jersey mortgages foreclosed?

In New Jersey, the lenders go to court in what is known as a judicial foreclosure proceeding where the court must issue a final judgment of foreclosure. The property is then sold as part of a publicly noticed sale. The court with jurisdiction over a foreclosure is known as the Superior Court. A complaint is filed in Superior Court along with what is known alis pendens. Alis pendens is a recorded document that provides public notice that the property is being foreclosed upon. The foreclosure unit of the Superior Court handles all foreclosures.

What are the legal instruments that establish a New Jersey mortgage?

The documents are known as the mortgage,note, and in a commercial transaction, a security agreement. Sometimes the mortgage document is combined with the security agreement. A mortgage is filed to evidence the underlying debt and terms of repayment, which is set forth in the note.

How long does it take to foreclose a property in New Jersey?

Depending on the court schedule, it usually takes approximately 250 days or more to effectuate an uncontested foreclosure. This process may be delayed if the borrower contests the action, seeks delays and adjournments of hearings, or files for bankruptcy. New Jersey has one of the longest wait times for foreclosures. A defendant has 35 days in which to file an answer to a foreclosure complaint otherwise default will be entered. Once default is entered the plaintiff must wait another 45 days before entering final judgment and thereafter awrit of execution is issued and delivered to the Sheriff to effectuate the foreclosure sale process. The defaulting borrower must be given at least 10 days notice before the foreclosure sale can take place.

Is there a right of redemption in New Jersey?

New Jersey has a statutory right of redemption, which allows a party whose property has been foreclosed to reclaim that property by making payment in full of the sum of the unpaid loan plus costs. There is a time limit of only ten (10) days to undertake such redemption after the foreclosure sale.

Are deficiency judgments permitted in New Jersey?

Yes. A deficiency judgment may be obtained when a property in foreclosure is sold at a public sale for less than the loan amount which the underlying mortgage secures.  This means that the borrower still owes the lender for the difference between what the property sold for at auction and the amount of the original loan. New Jersey however has a “Fair Market Credit” doctrine set forth under N.J.S.A 2A:50-3 which is a safeguard against low or minimal bids which may give rise to a windfall in the event of a deficiency proceeding. Under this doctrine the defaulting borrower is given credit for the fair market value of the property regardless of what the bid at the foreclosure sale was. This is however an affirmative defense which must be raised in a deficiency proceeding. Deficiency actions must be brought within three (3) months of the foreclosure sale.

What statutes govern New Jersey foreclosures?

The laws that govern New Jersey foreclosures are found in N.J.S.A. 2A:50-1 et. seq.

Refinancing

Why Refinance?

One of the most often cited reasons for refinancing is to get a better interest rate, which can save thousands of dollars over time and make monthly payments much more affordable. Interest rates fluctuate over time, and often when rates dip low, many borrowers will seek to refinance. Borrowers with poor credit often find that their mortgage rates are extremely high, and over time their credit scores have improved and they wish to refinance to get better terms and a lower interest rate.

Other reasons to refinance include lowering overall debt by using the equity or leftover money available after paying off the previous mortgage, to pay off other bills and lower the amount of money going to monthly payments on credit cards or other loans. Reducing debt and monthly payments can improve the credit rating of a borrower with poor credit.

Often borrowers with bad credit find themselves with a mortgage that requires a balloon payment. A loan that includes a balloon payment means that the borrower will have to pay off the entire remaining balance in one lump sum after specified period of time has elapsed. The normal balloon payment period is five years. If the borrower is unable to pay off the entire balloon payment, or balance of the loan, the must refinance, sell their home, or lose it to the bank. Borrowers with a balloon payment due often need to refinance to keep their home.

How to Refinance?

Just like getting a first home loan, refinancing takes time and knowledge of how to get the best terms and rates available. When a borrower has a bad credit score, it can be even more difficult to get a good rate that will save money and lower payments.

Working with a high risk lender can help a bad credit borrower find the best rates available to them. High risk lenders charge a higher interest rate for these loans, to offset the risk of lending to a riskier investment. Before deciding to refinance, borrowers can improve their chances of being approved and getting a better interest rate by improving their credit scores over time.

Refinancing can often improve a borrower’s situation by lowering payments, saving money in the long run, or satisfying the terms of a previous high risk mortgage requiring a balloon payment. However, just as a consumer need beware when shopping for a first mortgage, shopping for a refinancing mortgage is just as important. To make a well-informed, confident decision, borrowers need to shop around, consider the numbers, and ask plenty of questions.

How do I know what type of mortgage is best for me?
The ultimate answer to this question will be obtained through one of our mortgage specialists. That person will help you arrive at the “best” answers; here are some items to consider in helping you address this question:

  • Your current financial picture;
  • How long you intend to keep your house; one of the most important aspects of your decision making process! – our experts will help you understand why.
  • Do you expect your finances to change?

What is pre-qualification?
Initial establishment of a borrower’s qualification for a mortgage loan amount (or range), based on the borrower’s assets, debts, income and selected loan program(s).

Here is a simple, straightforward evaluation:

  • What is your capacity to pay the debt?

Two debt ratios are used to determine your capacity to repay a loan.

The “Housing Ratio”:

  • Monthly Housing Expenses*/Gross Monthly Income = Housing Ratio

* This includes: loan payment (principal and interest), real estate taxes, hazard insurance, flood insurance, mortgage insurance, homeowners’ association dues, ground rent (leasehold), special assessments, subordinate financing.

The “Debt Ratio”:

  • Monthly Fixed Expenses**/Gross Monthly Income = Debt Ratio

**This includes: monthly housing expenses, installment credit balances with more that 10 months remaining, revolving credit with more than 10 months remaining, real estate loan payments on non-income-producing property or negative cash flow on non-owner-occupied property, alimony, child support or maintenance.

What is a buy-down?
Where the buyer, seller or lender pays additional discount points in return for a below market interest rate. During times of high interest rates, buy-downs may induce buyers to purchase property they may not otherwise have purchased.

What is the origination fee?
The amount charged to originate and close a mortgage loan. Origination fees are usually expressed in points, however, some companies may state a portion of the fees as origination fees plus points.

What are closing costs?
Costs payable by both seller and buyer at the time of loan settlement (close of escrow), when the purchase or refinance of a property is finalized. These costs usually include but are not limited to the following:

  • Title search and insurance, escrow fees
  • Sales commissions (Realtor)
  • Origination fee
  • Discount points
  • Recording fees
  • Courier charges
  • Processing and document preparation fees

What is an escrow account – or – an impound account?
When borrowers make their monthly mortgage payments, they usually also make a payment towards the anticipated annual amount needed to pay taxes and insurance premiums. These funds are placed in an escrow account (also known as Impound account), until the lender pays the taxes and insurance as they become due.

What is the APR?
APR is an acronym for Annual Percentage Rate. It is the actual interest rate, taking into account points and other finance charges, for the projected life of a mortgage. Disclosure of the APR is required by the Truth-In-Lending Law and allows borrowers to compare the actual costs of different mortgage loans.

What is amortization?
The reduction of a debt by regular, usually monthly, installments of principal and interest.

Lock-in, what is that?
The guarantee of a specific interest rate for a specific period of time. An interest rate can be “locked in” for a set amount of time – the shorter length of time for the lock in, the lower the cost in points – our loan specialists can help you determine the optimal amount of time based on your needs and goals.

When can I Lock-in the interest rate?
Generally, as soon as you complete your loan application. You should notify your loan agent that you would like to lock or float. Remember, the shorter the time of the lock in – the lower the points.

How long are lock-ins valid?
The lock-in should be long enough to allow for the loan to close escrow. Some examples of lock-in terms are for 10, 15, 30, or 45 days; locks are available for longer terms as well, but again, at a higher cost for the amount of time forward.

What are points?
Charges levied by the lender based on the loan amount. Each point is one percent of the mortgage loan amount; for example, one point of a $100,000 mortgage is $1,000.

How long will the loan process take?
Once you apply, we will begin to verify all the information you provided. The total can take anywhere from a week plus. Other factors include whether the applicant is self-employed, title clearance, etc. Time delays can also occur if outside sources or you do not provide documents to the lender in a timely manner. Be sure to respond promptly to requests for information while processing is taking place.

Where do I go to sign up for my loan – close my escrow?
This service is usually provided by a third party; such as a title/escrow company, or an attorney. Funds taken to escrow by the borrower usually need to be in the form of a cashier’s check. This can be discussed once the closing date has been established. Most lenders will handle all of the details for you.

What is a conventional or conforming loan
A loan that conforms to Fannie Mae or Freddie Mac lending guidelines. A loan that is not insured, guaranteed or funded by the Veterans Administration (VA), the Federal Housing Administration (FHA), or the Rural Economic Community Development (RECD) (formerly Farmers Home Administration). Loans guaranteed by the agencies listed above are referred to as “government loans.”

What is a jumbo loan?
A loan that is larger than the conventional / conforming limits set by the Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC) guidelines. This is also referred to as a nonconforming loan.

What is PITI?
An abbreviation for principal, interest (on the mortgage loan), property taxes and insurance – the total amount of those items.

What is hazard insurance?
A form of insurance that protects the insured property against physical damage such as fire. Mortgage lenders often require a borrower to maintain an amount of hazard insurance on the property that is equal to at least the amount of the mortgage loan.

Will my loan be sold?
The “servicing” on your loan (e.g., the right to collect payments for a fee) is a marketable asset, which your lender can sell to other sources. As part of the loan documentation, you will sign a form that recognizes the fact that the servicing of your loan may be sold. Most fixed rate loans are in fact sold.

By selling loans into the “secondary market” the lender removes interest rate risk to themselves, investment companies “pool” or package millions or billions of dollars of these loans. Shares are issued to individual investors – based on the value and anticipated risk associated with the “pool”. This “Secondary Market” has contributed to lower interest rates for all of us.

Is there a prepayment penalty if I pay the loan in advance, either monthly or in full?
On some loans, check with your loan agent, but most allow you to pay off the entire loan or make additional payments any time without penalty.

What does LTV stand for?
LTV is an acronym for Loan-to-Value. This is the relationship, expressed as a percentage, between the amount of a loan and a property’s value or sales price. For example, a $75,000 loan on a property appraised at $100,000 is a 75% LTV.

What is the difference between a fixed-rate and an adjustable-rate mortgage?
A fixed rate mortgage is a mortgage that has an interest rate that stays fixed for the life of the loan. On an adjustable rate mortgage the interest rate changes based upon a specific financial index (such as Government Treasury bill rates) and payments may go up or down based on the movement of that index.

What is private mortgage insurance?
This insurance protects lenders against loss due to foreclosure or loan default. Mortgage insurance is required on conventional loans with less than a 20 percent down payment or equity at closing of less than 80% loan-to-value.

Private mortgage insurance, who pays for it?
It is typically paid monthly by the borrower as part of their monthly mortgage payment. Some lenders have programs in which they pay for the private mortgage insurance, however, your interest rate will generally be higher for these programs.

Should I do a no point, no fee loan?
These loans are an excellent idea if you are planning on moving in 4 to 6 years. If you plan on staying for a longer term, you will probably benefit by paying points, to ‘buy’ yourself a lower interest rate.

What is a Credit Score?
Credit scores are numeric representations of your credit profile. The higher the score the better credit risk you are. Presumably, you can be denied a mortgage loan if your score is too low.

These scores have been around for several years but started to be used in the mortgage lending business in 1995.

  1. They are based on years of computer “modeling” aimed at predicting who might be a good or bad credit risk.
  2. Their purpose is to reduce the cost of examining a credit report and speed mortgage approvals.
  3. Important negative factors are: bankruptcies, delinquencies, credit lates, collections, “too much” credit, or too little credit history.
  4. The score is only as good as the data. The amount of credit data history is so large that there are problems with it.

Why do interest rates go up and down?
Because lenders pool loans into securities and then sell them in “the secondary market” they are competing with the entire pool of worldwide investment opportunities like treasury bonds, stocks, etc.

Any inflationary news can trigger investor moves that trigger smaller values for fixed-rate securities. This would cause a rise in mortgage interest rates. Many additional factors, too numerous to mention here, can also affect interest rates. Markets move on emotions, thus no one can really tell what will happen on a day to day basis.

What are IRS Forms 4506, 8821, and 9501?
IRS 4506, 8821, and 9501 are forms which allow the lender to receive an electronic abstract of your tax returns.

In this day of scanners, laser printers, and tax preparation software it is easy to prepare a set of “phony” tax returns to submit to the lender. This form allows us a lender to check the returns you supply us with those at the IRS.

Can I change the loan amount or program after I’ve applied for a loan?
Of course. Please remember that any changes that you make may extend the time that it takes to close your loan, or may increase the cost of closing.

After I apply, what should I expect?
Within 2 business days you will receive a package from us. The package will include a copy of your application and a list of documents that we need to close your loan. If you do not receive your package within two days, please don’t apply online again. Call us, and we’ll try to help you.

How do you save me money?
Our website and software were developed to guide borrowers through the loan decision and application process with ease. The efficiencies of receiving a complete application file and supporting documentation dramatically reduces our costs. Those savings are passed on to you.

After I send my paperwork back, what happens?
Your loan will be reviewed or pre-underwritten. Once it’s submitted to the final lender, there may be additional needs. We will, of course, try to anticipate those and make the process easy for you.

When should I lock my rate?
We recommend watching the market and then locking in. Please note that a lock can’t be changed once you select your product, so we ask that you be certain of your request.

What about the appraisal?
We’ll arrange for an appraisal of your property and will use your estimated value as a guideline. The appraisal must be paid COD.

Who handles my closing and where do I sign?
If you’re buying a home, your closing agent(Title/Escrow Co.) will be selected by your Realtor or you can pick one yourself. If you’re refinancing a property, you can choose the company or we’ll select a closing agent for you.

Is my interest rate locked in as soon as I apply for a loan?
We have found that clients prefer watching the market before they commit to a specific rate. You can request a rate lock after you have returned your application and we have reviewed your documentation and credit information.

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