Sometimes there's a communication issue between the bank and their attorneys. Sometimes the case may be on a litigation hold which means the attorneys can't proceed with your foreclosure. Sometimes the bank's attorneys miss the filing for the default as soon as they can because they are not as efficient as they should be, an attorney is on vacation, the paralegal is out, the file was misplaced, the loan was sold to a new bank, new counsel was hired.... The list goes on and on for why the filing may not have been done as soon as it could have been done.
In all of these examples, this gives you an opportunity as the defendant to file an answer, even after the 35 days has have expired. So, keep in mind, just because it says 35 days on your foreclosure summons and complaint you can still file an answer in your New Jersey foreclosure case if you haven't been defaulted. A lot of times when money is on the line for the bank, filing for the default after 35 days is a priority. We have had clients who were almost to the point of having there homes auctions offed roughly 4 months after the foreclosure started and they did not fight. So, do not believe anyone that says you have years for a foreclosure to finish.