In today’s mail I received my brand new.. hot-off-the-press 2015 Edition of Gann Law’s “Rules Governing the Courts of the State of New Jersey.” Quite possibly our favorite rule at SimoniLaw is R. 4:64, which is “Foreclosure of Mortgages, Condominium Association Liens and Tax Sale Certificates.” The following is a summary of the changes and revisions to R. 4:64:
R. 4:64-1. Foreclosure Complaint, Uncontested Judgment Other Than In Rem Tax Foreclosure. Paragraph (d) of the rule was amended primarily by recording its provisions in chronological order. It was also then amended to clarify that service of the notice of motion prescribed by R. 4:64-9(b) is mandatory for the parties listed in the first sentence of the subparagraph (d)(2). Other defaulting parties need not be so noticed within the six months following the entry of default. The amendment further clarified the procedure with respect to objections to the amount due.
R. 4:64-1A. Foreclosure of Vacant and Abandoned Residential Property. This rule was adopted to conform with N.J.S. 2A:50-73 and provide for entry of foreclosure for vacant and abandoned properties as therein defined.
R. 4:64-2. Proof; Affidavit. Paragraph (c) was amended extending the time from 60 days to 90 days for a party to file an affidavit of amount due.
R 4:64-9 Motions in Uncontested Cases. The rule was amended to create a general provision (a) for all motions and the notices accompanying them in uncontested matters. This paragraph emphasizes that the Office of Foreclosure does not conduct hearings and that opposed motions must be referred to the court in the vicinage. Paragraph (b) was adopted providing the required form for notice of motion for entry of final judgment, providing for objections to the amount which must be made with specificity and provide for referral of objections from the Office of Foreclosure to the judge in the county of venue for scheduling and hearing. Paragraph (c) was adopted to provide for all other notices of motion filed in uncontested matters as well as providing for referral of objections from the Office of Foreclosure to the judge in the country of venue for scheduling and hearing.