Notice of Right to Court-Sponsored Mediation Program
(Residential Foreclosure) (NJ)

This notice may be used by a foreclosing lender in New Jersey to notify a residential borrower of their right to engage in court-sponsored mediation prior to the lender's foreclosure of the borrower's property. This template contains practical guidance and drafting notes. This template must be attached to the summons when serving process on the borrower in a residential foreclosure action. See N.J. Court Rules, R. 4:4-3 (a), 4:4-4(a); N.J. Stat. §§ 2A:50-76, 2A–50–77. The template must provide the notice in English and Spanish. N.J. Stat. § 2A:50-76. The New Jersey Judiciary's Foreclosure Mediation Program is a free program available to homeowners who are owner/occupants of a one-to-four family primary residence. If a borrower facing foreclosure is entitled to use this program, a foreclosing lender must inform the borrower of the right to participate in mediation in the notice of intent to foreclose. In addition, a second notice of this right must be served, along with the summons and complaint. The borrower must complete the mediation request template and return the statement to the Administrative Office of the Courts within 60 days after service of the summons and complaint. The borrower may also seek the assistance of a HUD certified housing counselor by visiting the New Jersey Housing and Mortgage Finance Agency website for a list of the participating housing counselors. See N.J. Stat. § 2A:50-74, et. seq. and N.J. Court Rules, R. 4:64-1B. Separate from a borrower's request for mediation, the court may order mediation whenever a borrower files an answer. After a borrower requests mediation, or the court orders it, the Superior Court Clerk's Office will provide a letter of mediation acceptance to the borrower and the initial mediation conference is scheduled within 45 days of the date of the letter. See N.J. Court Rules, R. 4:64-1B(e)(1). For further guidance see Residential Foreclosure (NJ) and Residential Foreclosure Resource Kit (NJ).