Who is suing me?
Who Bank of New York Mellon is in your case, who actually handles your loan, how to reach them, and the rights you have no matter whose name is on the complaint.
29
scheduled New Jersey sheriff sales named Bank of New York Mellon, as trustee as plaintiff, out of 1,509 across the 16 counties we count (as of October 5, 2026). You are far from alone.
From our monthly NJ Sheriff Sale ReportThe Bank of New York Mellon (formerly The Bank of New York) serves as trustee for many mortgage-backed securities trusts. In a foreclosure it appears on behalf of the trust’s certificate holders, the investors who own the loans. It does not collect payments or review workout applications; the trust’s servicer does.
On court papers the name often looks like:
As trustee, Bank of New York Mellon does not manage your account day to day. The company that does is your servicer: whoever you send payments to. Three ways to confirm who that is:
Then find that company in our directory of 44 servicers, with verified hardship numbers.
Whoever the plaintiff is, New Jersey gives you the same protections: 35 days to answer once you are served, the court's free foreclosure mediation for eligible homeowners, a right to cure the default up to final judgment, and generally two adjournments of up to 30 days each if a sheriff sale is scheduled.
The plaintiff must also prove it has the right to enforce your loan. If you contest the case, a New Jersey attorney can ask for proof of standing and the chain of assignments. Legal Services of New Jersey (1-888-576-5529) helps homeowners who qualify for free.
Scam check
Scammers read court filings and sheriff sale lists too. Never pay anyone who contacts you claiming to act for Bank of New York Mellon outside your normal payment channel, and never pay an upfront fee to “save” your home. Check an offer.
Your loan was most likely placed in a trust after closing, and Bank of New York Mellon is the trust's trustee. The trustee brings the case in its name on behalf of the trust's investors, while a separate servicer manages your account. The plaintiff must still prove in court that it has the right to enforce your loan.
A foreclosure complaint from an unfamiliar name is usually real, because loans are routinely sold and placed in trusts. You can confirm by checking the docket number (it starts with “F-”) with the court. Be careful with anyone who contacts you claiming to represent the plaintiff and asks for money outside your normal servicer payment channels.
No. The Notice of Intention requirement, your 35 days to answer the complaint, the court’s free mediation program for eligible homeowners, your right to cure the default up to final judgment, and your adjournment rights at the sheriff sale all apply no matter who the plaintiff is.
Not sure what to do first? The free 2-minute assessment shows which options still fit at your stage.
NJ Foreclosure Guide is not affiliated with Bank of New York Mellon and is not paid by any lender, servicer or trustee. Counts are scheduled sheriff sales from public county lists, not completed sales, and say nothing about any individual case. This page is educational information, not legal advice.
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