The full impact of the disclosure will reverberate for years to come as prosecutors and defense attorneys re-examine cases as much as two decades old to figure out whether these errors robbed defendants of justice. Some of the injustices can be addressed as attorneys bring old cases back to court. For others, it’s too late: Three of the defendants in botched cases have been executed.

“This is mind-boggling,” said veteran Wayne County District Attorney Branny Vickory, a Democrat. “It is really a nightmare for everyone. I don’t know how we are going to make this right.”

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What will VINE do for me?

The New Jersey VINE Service will tell you if an offender is in custody in the State of New Jersey and will give you other important information. VINE will also let you register telephone numbers where you can be notified if an offender is released or transferred.

What do I need to do?

• Register with VINE – Call toll-free 1-877-846-3465 from a touch-tone phone and follow the directions. Please have any of the following Offender information ready:
  Offender Name_______________ Date of Birth_____________
  SBI (State Bureau of Identification) Number__________________
• Leave your number. If the offender is in custody, you can leave a phone number to be notified if there is a change in the offender’s status. Do not leave a phone number that is answered by a switchboard. Enter the area code, phone number followed by the pound (#) key.
• Create a PIN. When the VINE Service asks, make up and enter a four-digit Personal Identification Number (PIN) that will be easy for you to remember. Write your PIN below for future reference. The New Jersey VINE service will ask for the PIN code
  when it calls you.
  My PIN is ___ ___ ___ ___  Date I Registered____________

VINE Facts

• The offender will not know you are registered
• If you are not at home, the New Jersey VINE Service will leave a message on an answering machine. If there is no answer, VINE will keep calling back un till you enter your PIN code or until 24 hours have passed.
• Since the New Jersey VINE Service calls automatically when an offender’s custody status changes you may get a notification call in the middle of the night.
• Do not leave a phone number with the New Jersey VINE Service that rings to a switchboard.
• If you have caller ID, calls from VINE will display as from the 502 area code. If you any other call blocking/Interception device, please be aware that calls will not get through.
• You can leave more than one phone number with New Jersey VINE Service.
• The New Jersey VINE Service monitors offenders in the New Jersey’s County Jails, the New Jersey Department of Correction, New Jersey Juvenile Justice Commission and the New Jersey Parole Board.
• Do not depend soley on the New Jersey VINE Service or any other single porgram for you protection. Make the New Jersey VINE Service part of your safety.

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Crime victims and witnesses are entitled to the following rights:

A.   To be treated with dignity and compassion by the criminal justice system

B.   To be informed about the criminal justice process

C.   To be free from intimidation

D.   To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible

E.   To make at least one telephone call provided the call is reasonable in both length and location called

F.   To medical assistance if, in the judgment of the law enforcement agency, medical assistance appears necessary

G.  To be notified if presence in court is not needed

H.   To be informed about available remedies, financial assistance and social services

I.   To be compensated for their loss whenever possible

J.   To be provided a secure, but not necessarily separate, waiting area during court proceedings

K.   To be advised of case progress and final disposition

L.   To the prompt return of property when no longer needed as evidence

M.   To submit a written statement about the impact of the crime to a representative of the county prosecutor’s office which shall be considered prior to the prosecutor’s final decision concerning whether formal criminal charges will be filed

N.   To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime. This statement is to be made in addition to the statement permitted for inclusion in the presentence report by N.J.S. 2C:44-6. In any homicide prosecution the victim’s survivor may display directly to the sentencing court at the time of this statement a photograph of the victim taken before the homicide.

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Crimes Covered

• Assault
• Murder
• Manslaughter
• Burglary
• Robbery
• Sexually Related Crimes
• Kidnapping
• Acts Constituting Domestic Violence
• Drug and Food Tampering
• DWI
• Carjacking
• Hit and Run
• Eluding a Police Officer
• Human Trafficking

What You Need to File

• Completed VCCO Application
• Police Report
• Copies of Bills and Receipts of all Related Losses
• Documentation

Time Requirements

• Report Crime to Police within 3 Months
• File Claim Application with VCCO within 2 Years

Benefits Provided

• $25,000 Maximum

Mental Health Counseling

• Homicide Survivor- $12,500
• Injured Victim- $12,500
• Secondary Victim(s)- $7,000
• Group Counseling- $50 a Session Per Victim

Medical Bills

• Medical Bills not Covered by Other Sources
• Chiropractic/Physical Therapy-30 Sessions
• Medical Supplies and/or Other Prescription Drugs
• Medical Related Transportation

Loss of Earnings or Financial Support

• Maximum Amount-$600/Week
• Loss of Support- 48 Months
• Loss of Earnings- Direct Victim-104 Weeks
• Permanent Disability- Direct Victim-60 Months
• Loss of Earnings- Secondary Victim-$7,000 to Care for
  Primary Victim

Others

• Funeral Cost-$5000
• Transportation to Funeral-200/Person or $1,000 Total
• Crime Scene Cleanup- $4,000
• Relocation Expenses- $2,500
• Domestic Help- $50/Day or $6,500 Total
• Child Care/Day Care Services- $6,500
• Victims’ Rights Attorney Fees (Criminal Matter)- $125/Hr with a $1,000 Maximum
• Attorney Fees for Representing Victims in VCCO Claim
  (Up to 15% of the Award)

Catastrophic Injuries

• Supplemental $35,000 for Rehabilitative Services Only

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Mr. Reveron specializes in the following practice areas: Bankruptcy Law, Family Law, Civil Law and Entertainment Law. Read more

Contact New Jersey attorney Roberto Antonio Reverón

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Where is a foreclosure complaint filed?

All foreclosure complaints are filed with the Clerk of the Superior Court, Richard Hughes Justice Complex, P.O. Box 971, 25 Market St., Trenton, New Jersey 08625. Even though the complaint is filed in Trenton, a complaint’s caption states venue to be the county where the property is located. All subsequent pleadings continue to be filed in Trenton until an action becomes contested. When an action is contested, pleadings are filed with the General Equity judge in the county of venue.

What should you do if served with a foreclosure complaint?

Get legal help as soon as possible! You generally only have 35 days to respond.

Time to file and serve an answer to a foreclosure complaint

If you look at the summons, which often is the first page of the papers that you received from the lender’s attorney, you will notice that it demands that you answer the complaint within 35 days after you receive the summons and complaint. Filing means filing the original answer with the court. Serving means providing a copy of it to the lender’s attorney who sued you.

What is an answer?

An answer is the document filed by the debtor- property owner (defendant) which contains the response to each of the statements made by the plaintiff and the reasons or circumstances why the defendant is or is not responsible for any loss claimed by the lender (plaintiff). Answers give notice to the court and to the other parties, in short and plain terms, why the relief requested in the complaint is opposed. An answer responds to each numbered paragraph in the complaint and admits the statement, denies the statement or states that the party is without knowledge or information sufficient to form a belief as to the truth of the statement (allegation).

In foreclosure actions a response that the defendant is without sufficient knowledge or information is not a denial. Answers may also assert affirmative defenses. Affirmative defenses are specific and separate statements of facts asserted to prevent the relief requested in the complaint. An answer’s caption, layout, paper size, weight and format for filed papers must conform to the Rules of Court. An answer on behalf of a corporation, limited liability corporation or limited partnership must be filed by an attorney.

Prepare a written answer

The answer tells the court in short and simple terms whether you admit or deny the statements made by the lender-plaintiff in the complaint and sets forth every defense you may have to the lender-plaintiff’s claims. You must respond to each numbered paragraph in the complaint and either ADMIT the allegation, DENY the allegation, or state that YOU ARE WITHOUT KNOWLEDGE OR INFORMATION SUFFICIENT TO FORM A BELIEF AS TO THE TRUTH OF THE ALLEGATION. Whenever you deny something in the complaint, you should also state briefly your reason why you are denying it or any part of it. If you have defenses, you should list the facts that explain your action or inaction. You may state as many separate defenses as you have and provide any reasons you have why the plaintiff should not get the relief requested. Sign and date the answer. Note: An allegation in a foreclosure answer that a party is without knowledge or information does not have the effect of a denial and such a response is viewed as noncontesting.

Serve and file your answer

File. Deliver or mail the original and one copy of your answer to the Clerk of the Superior Court, Hughes Justice Complex, P.O. Box 971, 25 Market Street, Trenton, New Jersey 08625 along with the filing fee. If you mail the papers, it is recommended that you use certified mail, return receipt requested. Enclose a stamped self-addressed envelope so the file-stamped copy can be returned to you. Keep your file-stamped copy in a safe place because it is your proof that you filed your answer in the place and on the date indicated in the file stamp.

Note. As of September 1, 2008, a Foreclosure Case Information Statement (FCIS) must accompany all complaints and answers. This form is available on the New Jersey Judiciary’s website.

Serve. After you have prepared your answer, mail a copy to the attorney who filed the foreclosure complaint against you. Mailing is serving your answer. Although you do not have to mail the answer by certified mail, return receipt requested, it is recommended, since the green card proves when you mailed the answer and the person to whom it was addressed.

Court staff may not help in preparing an answer

The staff of the Office of Foreclosure and the Office of the Clerk of Superior Court are prohibited from giving legal advice and also may not make attorney referrals. Staff can, however, answer questions about the status of an action or provide general procedural information. The Office of Foreclosure’s telephone number is 609-292-7877; its fax number is 609-984-7205. For legal advice, contact Garces & Grabler.

Contesting and non-contesting answers

The Office of Foreclosure in Trenton receives and processes all foreclosure complaints, answers and other pleadings. The Office of Foreclosure reviews every filed answer. The Office of Foreclosure sends “contesting” answers to judges for case management. A contesting answer challenges the lender-plaintiff’s right to foreclose. “Noncontesting” answers do not dispute the right to foreclosure or a lien holder’s priority. Noncontesting answers remain with the Office of Foreclosure for administrative processing.

What happens if a defendant fails to file an answer?

If you do not answer the foreclosure complaint in writing you are admitting the claims of the foreclosure complaint. The lender-plaintiff can seek entry of a default against you and thereafter the lender-plaintiff can seek a default judgment. A foreclosure judgment orders either the sale of a particular property to satisfy a debt or it awards title to the property to the plaintiff. A foreclosure judgment is not a money judgment that can be collected by wage garnishments or executions against personal property. However, a mortgagee may seek to recover any deficiency which remains following a foreclosure sale in a separate action filed in the Law Division. For residential mortgage deficiency actions, damages that may be recovered are limited to the difference between the mortgage debt and the fair market value of the property.

Time to finalize a foreclosure

New Jersey is a judicial foreclosure state meaning that foreclosures are processed through the courts. It normally takes four to six months for the lender-plaintiff to complete the legal process to obtain a foreclosure judgment. The county sheriff must then advertise the foreclosure sale once per week for four consecutive weeks in a local newspaper.

Fees charged in a foreclosure action

The fee for filing a foreclosure complaint is $200. The fee for filing a foreclosure answer is $135. Any notice of motion is charged a $30 filing fee.

An attorney’s Superior Court Clerk’s account can be charged the fee or a check or money order payable to the Treasurer, State of New Jersey can be delivered with the pleading. Foreclosure filing fees can be waived only pursuant to an order entered by a General Equity judge or assignment judge of the county of venue, after a finding that the party seeking the waiver is indigent.

Case management

Once you have filed your answer (and the Office of Foreclosure marks it as a contesting answer), you will get other papers from the lender’s attorney and notices from the court. Often the lender’s attorney files a motion to strike the answer or for summary judgment.

If you do not understand these papers, or what will happen in court, you may want to contact an attorney as previously suggested. Do not ignore subsequent court applications or court notices of conferences or hearings.

You must keep the court and the other side up-to-date on your current address and telephone number. This is so that the court and the other side can continue to communicate with you. If you move, they will not look for you. If any information you gave the court in your answer changes, send another letter with the new information to the Clerk with the case number and parties’ names; make sure you include what was your address.

Motions filed with the judge

If the foreclosure case status is contested, then all motions are made directly to the General Equity judge assigned to the county where the property is located. The motion’s return date (that is, the date the matter is scheduled to be heard) is scheduled to give all parties 16 days notice plus 3 days for mail service. Note: A motion for summary judgment (that is, a motion asking the court to resolve the case in the moving party’s favor without a trial because there is no dispute over the facts of the case and the law supports the moving party’s position), requires 28 days plus 3 days for mail service).

Motions filed with the office of foreclosure

A motion can be made returnable any business day as long the number of days notice, as set out in Rule 1:6-3, is given. For the majority of motions this is 19 days (16 days notice plus 3 days for service by mail).

If a motion is filed with the office of foreclosure, must the parties appear?

No. The Office of Foreclosure is not a hearing office and a personal appearance at the Office of Foreclosure will not serve as an objection. File your written objection or, if applicable, cross motion with the Office of Foreclosure, PO Box 971, 25 Market Street, Trenton, New Jersey 08625, the moving party and all parties who have appeared in the action. Disputed motions must be heard by a General Equity judge assigned to the county where the property is located; the case file will be sent to the judge for resolution and you will be advised by the judge of the time and place of the hearing. You may also send a courtesy copy of your objection or cross motion to the General Equity judge assigned to the county where the property is located (the case file sent from Trenton will include the filed copy of your objection or cross motion).

Note. If a party objects to a motion filed with the Office of Foreclosure, the Office of Foreclosure will not take any further substantive steps to process the foreclosure case until the General Equity judge hears the motion and resolves the dispute.

Foreclosure and renters

If a landlord rents out a home or other property and that home or property is facing foreclosure, residential tenants may be protected by New Jersey’s Anti-Eviction statute, N.J.S.A. 2A:18-61.1 to 61.12. Legitimate residential tenants have the right to stay on the property notwithstanding a foreclosure.

Frequently, because lenders do not know tenants’ names, the foreclosure complaint will name “John Doe, Tenants No. 1 to 10.” If a lender is unaware that the property is rented, a tenant may first be told about the foreclosure when the lender has a writ of possession and is attempting to remove the property’s occupants. If you are a tenant and are served with a complaint, you should consult an attorney. You may also provide the lender’s attorney with a copy of your lease.

How can parties or the public get copies of papers filed in a foreclosure action?

Foreclosure files are public records. They can be examined at the Superior Court Clerk’s Office in Trenton or copies can be obtained from the Records Section of the Superior Court Clerk’s Office. Questions on copy fees and the availability of court files should be addressed to the Records Section at 609-777-0856.

How do sheriff’s sale purchasers obtain possession of a foreclosed property?

If a foreclosure judgment awards possession to the plaintiff or third-party purchaser at the Sheriff’s sale, the Office of Foreclosure can issue a writ of possession. A writ of possession is the court’s instruction to the sheriff to remove the occupants of the property. A third-party purchaser must submit to the Office of Foreclosure a copy of the sheriff’s deed along with an original and copy of the proposed writ of possession and an affidavit or certification stating (1) the names of the parties to be evicted and (2) if applicable, that the parties to be evicted are not, and why not, protected by the New Jersey Anti-Eviction statute. A corporation, limited liability corporation or limited partnership must be represented by an attorney to apply for a writ of possession.

What orders must be obtained from the general equity judge, rather than the office of foreclosure?

Even in uncontested foreclosure actions, some orders must be sought from the General Equity judge of the county of venue. These are orders not listed in Rule 1:34-6 that requires the exercise of judicial discretion. They include orders for special modes of service; orders to appoint rent receivers, guardian ad litem (a person appointed by the court only to take legal action on behalf of minors or adults not able to handle their own affairs), attorneys for parties in the military or special masters to sell property; orders to vacate foreclosure judgments without the plaintiff’s consent; orders to stay a sheriff’s sale or eviction or orders to vacate a sheriff’s sale.

What is surplus money?

Surplus money may arise from a foreclosure sale. If a sheriff’s auction sale produces more money than is needed to satisfy the foreclosure judgment, then the sheriff delivers the extra money to the Superior Court Clerk. These moneys stand in the place of the land itself for the purpose of distribution among lienholders with an interest in the property or the former owners.

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Mediation is a dispute resolution process in which an impartial person, a mediator, helps parties negotiate a mutually acceptable settlement. Mediation is non-binding, guided negotiations. Mediators do not decide matters; rather they rely on the ability of the parties to reach a voluntary agreement without coercion.

What is the Mediator’s Role?

Mediators are non-judgmental, who listen to the parties and assist and guide the parties toward their own solution by helping them delineate and focus on the important issues and understand each other’s interests. Mediators may suggest creative and innovative solutions for the parties to consider. Mediators have no authority to impose an outcome or decide the outcome of a foreclosure action. Mediators are not permitted to give you legal or financial advice. Mediators’ focus settlement discussions, relay messages, clarifications, questions, proposals and offers and counteroffers back and forth between the parties.

Who are the Mediators?

Mediators participating in the foreclosure mediation program are screened to ensure they have foreclosure mediation training in addition to basic mediation training.

Why Foreclosure Mediation?

Mortgage lenders do not generally want to own houses (especially in the current environment). Lenders are willing to talk with homeowner-borrowers about reasonable, practical solutions to bring about mortgage delinquency resolutions.

How Does Foreclosure Mediation Work?

Upon receipt of this Request for Foreclosure Mediation and Financial Worksheet by the Office of Foreclosure, the material will be distributed to court staff in the local courthouse and to the lender’s attorney. Local court staff will assign a mediator to your case and set a date for the mediation when the lender and homeowner-borrower must appear. Note. A request for mediation does not stay or otherwise delay the foreclosure action.

What Happens at a Foreclosure Mediation Session?

At the mediation session, you will meet with the mediator, the lender’s attorney and a representative of the lender (this person may appear by phone). The mediator will explain his or her role and will organize discussions about what arrangements you and the lender can agree upon that will allow you to keep your home. Commonly, mediators hold private caucuses with each party to (1) focuses each party on the crucial factors necessary for a successful resolution and (2) help each party analyze the strengths and weaknesses of their positions. If the mediation is successful, a foreclosure mediation settlement memorandum will be prepared by the mediator and signed by all parties.

What Are Some Possible Outcomes?

There are a number of possible solutions that you and the lender can explore. The solution will depend upon what you can afford (based on what your income and expenses are), what other resources you have, what type of loan you have, the amount you owe in arrearage and other factors that will be discussed during the mediation. Each lender has a slightly different loss mitigation program. However, every lender will require that you exhibit a reasonable ability to repay the modified monthly mortgage loan payment. If you cannot show ability to pay, then your lender has no incentive to do a workout. The following are some possible solutions:

• Reinstatement: Your lender agrees that all amounts required to bring your loan current can be paid (including late fees, attorney fees, taxes, insurance, et cetera) and once these amounts are paid, the foreclosure will be dismissed and you will be back on your regular payment plan.

• Repayment Plan: An agreement to resume making your regular monthly payments, plus a portion of the past due payments each month until you are caught up (i.e., the lender raises the monthly payment for a set period of time until the arrears amount is caught up).

• Forbearance Agreement: Forbearance agreements are plans that allow borrowers to repay a loan delinquency over time. Regular monthly payments are made according to your loan agreement, and an additional monthly payment is made each month that is applied to the delinquent amount. Once the delinquent amount is paid in full, the normal payment amount resumes. It fully reinstates the loan. A forbearance plan may include one or more of the following features: (a) suspension or reduction of payments for a period sufficient to allow the borrower to recover from the cause of default; (b) a period during which the borrower is only required to make his/her regular monthly mortgage payment before beginning to repay the arrearage; (c) a repayment period of at least six months and (d) allow reasonable foreclosure costs and late fees accrued prior to the execution of the forbearance agreement to be included as part of the repayment schedule. However, they frequently may only be collected after the loan has been reinstated through payment of all principal, interest and escrow advances.

• Extension Agreement: This is an agreement in which you pay a portion of the amount of your delinquency, and the remaining portion of the delinquent amount is added on the end of your loan.

• Loan Modification: An agreement that permanently changes one or more terms of your mortgage. For example, (1) extend amortization (i.e., extending the number of years you have to repay the loan, such as, converting a 30-year loan to a 40-year loan), (2) converting a sub-prime 2-, 3- 5-, 7-year ARM loan into a fixed rate loan, (3) reducing the mortgage interest rate, (4) adding missed payments to the existing loan balance.

• Loan Guarantee Partial Claim: If your mortgage is insured, your lender might help you with a one-time interest-free loan from your mortgage guarantor to bring your account current. You may be allowed to wait several years before repaying this loan.

• Time to Refinance: Provided you have a reasonable prospect of arranging to refinance the loan, your lender may agree to some period during which it will not schedule a sheriff’s sale.

HOPE for Homeowners Program is a program for borrowers at risk of default and foreclosure and provides new, 30-year, fixed rate mortgages that are insured by the Federal Housing Administration (FHA). Refinancing without the benefit of a government program may be impractical for most homeowners. In today’s falling market, home values are often less than the amount of the original loan and refinancing lenders generally will loan no more than 70-80% of the value of the home.

• Reverse Mortgage: Reverse mortgages, or home equity conversion mortgage (HECM) loans, are commonly used to help senior citizens tap into their home equity for retirement. As a foreclosure prevention device, you generally need to be age 62 or older and have adequate accumulated home equity.

• Principal Reduction: Loan principal is reduced. This may be possible if you have a negative amortization loan (you are paying less than is necessary to full amortize (payoff) the loan during the loan’s term) and the lender is willing to reduce principal to the original loan amount. A principal reduction program may be agreed upon in exchange for a shared appreciation mortgage (SAM). A SAM is a fixed rate, fixed term loan. In exchange for a lower interest rate, you agree to give up a portion of the home’s future value — the difference between what it is worth now and what it will be worth in the future.

• Principal Forbearance: Forbearance of the repayment of part of the principal interest-free. The actual principal amount due and payable at maturity of the loan (or sale of the property) is the original unmodified principal amount, less any and all periodic principal payments that you make until maturity or sale. The loan payments only partially, not fully, amortize the loan. Contrast with Principal Reduction.

• Mortgage Loan Assumption: Most mortgage loans include a “due on transfer” provision. If this provision is waived by the lender, it allows a qualified individual or entity to assume the loan’s payment obligations. This is often used to facilitate the sale of the property to a third party. The original lender may or may not release you from personal liability on the note if the individual or entity assuming the loan’s payment obligation defaults.

• Deed in Lieu of Foreclosure: With a deed in lieu of foreclosure, you voluntarily execute a deed conveying your property to the lender in exchange for the lender canceling, in full or partial satisfaction, the debt owed on the loan. The lender often will agree to forgive any deficiency (the amount of the loan that isn’t covered by the sale proceeds) that remains after the house is sold. The lender will also agree not to initiate foreclosure proceedings or to terminate any initiated foreclosure action.

• Short sale: A sale for less than what you owe on the mortgage loan. Lenders may allow a home to be sold at a loss (consequently, the term short sale), because a short sale is nonetheless preferable to foreclosure. Foreclosure exposes lenders to potential substantial loss for litigation costs, carrying costs, including real estate taxes and insurance, and low forced sale bids or low resale prices. A short sale may be beneficial when a lender agrees to relieve you of liability for any deficiency (waive suing for a deficiency).

• Voluntary Surrender/Cash for Keys: Lenders may offer homeowners money to leave the home voluntarily without a post-foreclosure judgment eviction, if the house is in relatively good condition and undamaged.

What Happens If a Settlement Is Not Reached?

If mediation is unsuccessful, the foreclosure action will continue, ultimately leading to a sheriff’s sale.

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