Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Monday, October 12, 2009

Court Rule 1:34-6. Office of Foreclosure

Court Rule 1:34-6. Office of Foreclosure

There shall be an Office of Foreclosure within the Administrative Office of the Courts. This office shall be responsible for recommending the entry of orders or judgments in uncontested foreclosure matters pursuant to R. 4:64-1 and R. 4:64-7 subject to the approval of a Superior Court Judge designated by the Chief Justice. The Office of Foreclosure may also recommend the entry of the following orders in uncontested actions:

  • (1) correcting a clerical error in orders or judgments;

  • (2) correcting the defendant's name;

  • (3) correcting venue;

  • (4) substituting the plaintiff if, during the course of the foreclosure action, the original plaintiff reorganizes, merges with another entity, is acquired by another entity, or assigns the mortgage to another entity;

  • (5) entering default;

  • (6) extending time to answer;

  • (7) filing an amended complaint, provided no new cause of action or claim for relief is set forth in the amended complaint;

  • (8) vacating a default entered by the clerk;

  • (9) vacating judgment and execution, reinstating bond or note and mortgage and, with the consent of answering defendants, dismissing the proceedings;

  • (10) authorizing sheriff to collect additional lawful sums;

  • (11) dismissing the tax foreclosure action as to any parcel redeemed; and

  • (12) vacating an in rem foreclosure judgment upon application of the municipality owner.

  • (13) correcting minor technical irregularities in the mortgage, note or legal description, if a substantial right of a party is not prejudiced;

  • (14) substituting heirs and personal representative for deceased defendants; and

  • (15) disbursing surplus foreclosure money.