By Order dated March 4, 2014, the Supreme Court has relaxed and supplemented the Rules of Court relating to mortgage foreclosure matters, effective as of that date.

Rule 1:34-6 provides for recommendation by the Office of Foreclosure for entry of the categories of orders specified in this Rule. The Motions must be consistent with Rule 1:6-2(a) and Rule 4:64-9 and the Office of Foreclosure is authorized to enter orders to correct party names in electronic court records resulting from error in electronically filed metadata.

Some of the types of motions that may be filed with the Office of Foreclosure, in uncontested actions are:

• Correcting a clerical error in orders or judgments
• Correcting the defendant’s name
• Correcting venue
• 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.
• Entering default
• Extending the time to answer
• Filing an amended complaint, provided no new cause of action or claim for relief is set forth
• Vacating a default entered by the clerk
• Vacating judgment and execution, reinstating the bond, note and mortgage with the consent of answering defendants, dismissing the proceedings
• Vacating an in rem foreclosure judgment upon application of the municipality
• Correcting minor technical irregularities in the mortgage, note or legal description, if a substantial right of a party is not prejudiced.
• Substituting heirs and personal representatives for deceased defendants; and
• Disbursing surplus foreclosure money.

In accordance with 4:64-9 this motion does not state a time and place for the resolution. The notice of motion shall state the address of the Office of Foreclosure and that the Order sought will be entered in the discretion of the court unless the attorney or pro se party on whom it has been served notifies in writing the Office of Foreclosure and the attorney for the moving party or the pro se party within ten days after the date of service of the motion that the responding party objects to the entry of the Order. In this event the Office of Foreclosure shall refer the matter to the judgment in the county of venue who shall schedule further proceedings and notify the parties or their attorneys of the time and place thereof.

Every notice of motion in a foreclosure action under R.1:34-6 shall include the following language:

IF YOU WANT TO OBJECT TO THIS MOTION YOU MUST DO SO IN WRITING WITHIN10 DAYS AFTER THE DAY YOU RECEIVE THIS MOTION. ANY OBJECTION TO THE CALCULATION OF THE AMOUNT DUE MUST ADDRESS THE SUBJECT OF THE MOTION AND DETAIL WITH SPECIFICITY THE BASIS OF THE OBJECTION. YOU MUST FILE YOUR OBJECTION WITH THE OFFICE OF FORECLOSURE, P.O. BOX 971, 25 MARKET STREET, TRENTON, NEW JERSEY 08625, AND SERVE A COPY ON THE MOVING PARTY. THE OFFICE OF FORECLOSURE DOES NOT CONDUCT HEARINGS. YOUR PERSONAL APPEARANCE AT THE OFFICE WILL NOT QUALIFY AS AN OBJECTION. IF YOU FILE A SPECIFIC OBJECTION TO THE CALCULATION OF THE AMOUNT DUE, THE CASE WILL BE SENT TO A JUDGE FOR RESOLUTION. YOU WILL BE INFORMED BY THE JUDGE OF THE TIME AND PLACE OF THE HEARING ON THE MOTION.

Effective April 15, 2014 all motions, other than those set forth above must be submitted either electronically, if you are registered with JEFIS, or for attorneys not registered, all motions must be submitted to the Superior Court Clerk’s Office, P.O. Box 971, Trenton, NJ 06825-0971. Foreclosure pleadings may no longer be filed on paper in the county of venue.

Upon receipt of the motion for filing, the Superior Court Clerk’s office will forward the motion to the assigned vicinage judge, or pursuant to Rule 1:34-6, to the Office of Foreclosure as designated by the attorney in the notice of motion.

One courtesy copy of the motion, plainly marked (“courtesy copy for the Judge”) should be mailed to the judge’s chambers simultaneously with the submission of the motion to the Superior Court Clerk’s Office.

The Courtesy Copy Judicial Preferences list may be found on the Judiciary’s web site at http://www.judiciary.state.nj.us/jefis/index.htm.

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