New Jersey How to File For a Writ of Possession in a Foreclosure Case is the process of obtaining a court order for the repossession of a property in the event of a mortgage default. This is a legal action taken by a lender to obtain physical possession of the property from the homeowner and can be done in a few steps. The process begins with the lender filing a Complaint for Foreclosure and a Writ of Possession with the court. The homeowner will be served with the Complaint and Writ, and must respond within a certain period of time. If the homeowner does not respond, the lender will be able to obtain a Default Judgment from the court. Once the Default Judgment is granted, the lender will file a motion for a Writ of Possession with the court. If the court grants the motion, the lender will receive a Writ of Possession, which will give them the right to take possession of the property. In some cases, the homeowner may be able to stay in the property while paying rent, but must vacate if the lender takes possession. There are two types of Writ of Possession in New Jersey foreclosure cases: a Writ of Possession with Stay and a Writ of Possession without Stay. A Writ of Possession with Stay allows the homeowner to remain in the property while paying rent, while a Writ of Possession without Stay requires the homeowner to vacate the property immediately.