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Chancery 226 General Equity How to Apply for Foreclosure Mediation 226 June 2018 Revised 06/2018, CN 11270 page 1 of 9 How to Apply for Foreclosure Mediation (Superior Court of New Jersey - Chancery Division - General Equity) You should complete this packet if you wish to participate in the court -sponsored foreclosure mediation program. Med iation does NOT stop a foreclosure action. Despite participating in mediation, the plaintiff can continue to proceed with the foreclosure action . Mediation is only available for cases that match the following criteria: If your case does NOT meet all of the above criteria, you are not eligible for foreclosure mediation. With limi ted exceptions, any paper filed with the court can be looked at by the public. You may only file documents on behalf of yourself. You may not file documents for anyone else. A Power of Attorney does not allow you to file on behalf of anyone else. Documents filed on behalf of anyone else will be returned. Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented Completed forms are to be submitted to:American LegalNet, Inc. www.FormsWorkFlow.com How to Apply for Foreclosure Mediation Revised 06/2018, CN 11270 page 2 of 9 Things to Think About Before You Represent Yourself in Court Try to Get a Lawyer CAUTION: Some Foreclosure cases are very complex and you should consider getting a lawyer. The court system can be confusing and it is a good idea to get a lawyer if you can. The law, the proofs necessary to present your case, and the procedural rules governing cases in the Chancery Division, General Equity Part are complex. Most likely, your opponent will be represented by a lawyer. It is recommended that you make every effort to obtain the assistance of a lawyer. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. Their telephone number can be found in your local yellow pages under 223Legal Aid224 or 223Legal Services.224 A Directory is also located online on njcourts.gov. If you do not qualify for free legal services and need help in locating an attorney, you may contact the bar association in your county. That number can also be found in your local yellow pages. Most county bar associations have a Lawyer Referral Service. The County Bar Lawyer Referral Service can supply you with the names of attorneys in your area willing to handle your particular type of case and will sometime consult with you at a reduced fee. There are also organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask your county court staff for a list of lawyer referral services that include these organizations. If you decide to proceed without an attorney, these materials explain the procedures that must be followed to have your papers properly filed and considered by the court. Failure to follow procedures can result in a delay with processing your documents. These materials do not provide information on the law governing your claims or defenses; information on how to conduct pretrial discovery; information on alternative dispute resolution procedures, such as mediation, that may be available or required in your case; information on the kinds of evidence you need to prove your claims or defense at trial; or information on other procedural and evidentiary rules governing foreclosure actions. What You Should Expect If You Represent Yourself While you have the right to represent yourself in court, you should not expect special treatment, help, or attention from the court. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge. Keep Copies of All Papers Make and keep copies of all completed forms and documents related to your case. American LegalNet, Inc. www.FormsWorkFlow.com How to Apply for Foreclosure Mediation Revised 06/2018, CN 11270 page 3 of 9 Definitions of Words Used in This Packet Caption - A caption is the name of the case; it lists the name of both the plaintiff(s) and the defendant(s). For example: ABC Mortgage Company, Plaintiff v. Mary Smith, Defendant. Certification - A certification is statement that certain facts are true to the best of the knowledge of the person making the statement. It is like an affidavit, but is not sworn before a notary or other authorized person. Complaint - A complaint is a document in which the plaintiff tells the court the legal basis for the right to foreclose on the property. Contesting Answer - A contesting answer is one that challenges the right of the lender to foreclose on the defendant222s property. A contesting answer will be sent to a judge for a determination on the lender222s right to foreclose. Defendant - The defendant is the person being sued. Docket Number - A docket number is the number the court assigns to a case so that it may be identified and located easily. You must include the docket number on all your communications regarding your case. Note: Documents without a docket number cannot be filed. File - To file means to give the court the appropriate documents, forms and fees. Motion 226 A motion is an application to the court for a specific order or ruling to be made in favor of the person making the motion (the movant). Non-contesting Answer - A non-contesting answer is one that does not challenge with specificity the lender222s right to foreclose on the defendant222s property. A case with a non-contesting answer will not be sent to a judge for resolution, but will be handled by the Office of Foreclosure in Trenton. Notice of Motion 226 A Notice of Motion is the form used to inform the court and all opposing parties that the moving party is seeking a specific ruling or order from the court. A Notice of Motion must identify the courthouse where the motion will be heard (the courthouse in the county where the case is filed). Plaintiff - The plaintiff is the person who files a complaint in a lawsuit. Pro se - Pro se is a Latin term that means 223on one222s own behalf.224 A plaintiff or defendant in a law suit who does not have an attorney is said to be appearing pro se. Proof of Mailing - Proof of mailing is the form in which you provide the dates and method you used to give the other parties copies of the papers that you filed in court. Redaction - the censoring or obscuring of part of a text for legal or security purposes is called redaction. Note: Any documents received by the Clerk222s office will be processed and placed in the case jacket which, with limited exceptions, is available for public view. Service - Service refers to the delivery of the complaint or any other paper in a suit to the other parties in the case. Formal legal service requires that the service be made by an authorized person or by mail or, in limited situations, by publication in a newspaper. Summons: A summons is the paper that notifies the defendant that he or she is being sued and briefly explains the steps they need to take once they have received this notice. Venue - the venue is the particular county in which a court with jurisdiction may hear and determine a case.