Forma Pauperis

Custodian · Life of an action · Line 8 of 16

A foreclosure The life of a foreclosure in New Jersey, step by step: every station, its clock, and the Rule of Court behind it

StationsFc1 to Fc8 · 3 branches · checked 2026-09-02

A mortgage foreclosure from the title search to the sheriff's deed. Most of the line runs through the Office of Foreclosure in Trenton, which recommends orders in uncontested cases; an answer that raises a real defense forks the case to a General Equity judge and rejoins at final judgment. Residential foreclosure mediation runs alongside without stopping the clock, and a motion to vacate the judgment or the sale has a spur of its own.

The line at a glance

Every stop the paper makes, in order. Tap a stop to jump to it.

  1. Fc1Title search, then the complaint in General EquityDay 0; the title search comes before filing
  2. Fc2Service, and 35 days to answerAnswer within 35 days after service; 60 days for the United States or the State
    1. If the answer raises a defense: C1 to C2, then back at Fc5.
    2. C1A contesting answer takes the case away from TrentonServed within the 35 days; germane counterclaims go in the same pleading
    3. C2Before the General Equity judge: summary judgment or trialSummary judgment motion any time after 35 days from service of the pleading; returnable no later than 30 days before trial
    1. Residential foreclosure mediation: M1 to M2, then back at Fc5.
    2. M1Mediation Request Statement to TrentonWithin 60 days of being served; after that, only by motion, and only before the sale
    3. M2Conferences, then the mediation session; the case does not stopInitial Conference within 45 days of the acceptance letter; mediation ordered within 30 days after the conference; a second session within 15 days
  3. Fc3Default, and the Office of ForeclosureRequest for default within 6 months of the actual default; the whole case is dismissed if nothing happens for 12 months
  4. Fc4Notice of motion for final judgment: 10 days to object to the amountWritten objection to the Office of Foreclosure within 10 days after receiving the motion
  5. Fc5Final judgment and the writ of executionJudgment on 10 days' notice; the writ is returnable within 24 months, and the sheriff returns it within 30 days after a sale
    1. To vacate the judgment or the sale: V1, then back at Fc8.
    2. V1Motion to vacate the judgment or the saleWithin a reasonable time; not more than one year after judgment for mistake, new evidence or fraud
  6. Fc6The sheriff's sale, and its adjournmentsNotice of sale served at least 10 days before the sale date; the sheriff may adjourn by public announcement
  7. Fc7Ten days to object; redemption; the deedMotion objecting to the sale served within 10 days after the sale, returnable within 20 days; the deed waits for the window to close
  8. Fc8Surplus moneySheriff's return and any surplus to the clerk within 30 days after the sale; claims by motion any time after
Drawn as a map
A foreclosure: rail map The main line, Fc1 to Fc8, top to bottom; each branch as a dashed lane to the right. Every node links to its station below. Fc1Title search, then the complaint in General Equity: Day 0; the title search comes before filingFc1 Title search, then the complaint in G… Fc2Service, and 35 days to answer: Answer within 35 days after service; 60 days for the United States or the StateFc2 Service, and 35 days to answer C1A contesting answer takes the case away from Trenton: Served within the 35 days; germane counterclaims go in the same pleadingC1 A contesting answer takes the case aw… C2Before the General Equity judge: summary judgment or trial: Summary judgment motion any time after 35 days from service of the pleading; returnable no later than 30 days before trialC2 Before the General Equity judge: summ… M1Mediation Request Statement to Trenton: Within 60 days of being served; after that, only by motion, and only before the saleM1 Mediation Request Statement to Trenton M2Conferences, then the mediation session; the case does not stop: Initial Conference within 45 days of the acceptance letter; mediation ordered within 30 days after the conference; a second session within 15 daysM2 Conferences, then the mediation sessi… Fc3Default, and the Office of Foreclosure: Request for default within 6 months of the actual default; the whole case is dismissed if nothing happens for 12 monthsFc3 Default, and the Office of Foreclosure Fc4Notice of motion for final judgment: 10 days to object to the amount: Written objection to the Office of Foreclosure within 10 days after receiving the motionFc4 Notice of motion for final judgment:… Fc5Final judgment and the writ of execution: Judgment on 10 days' notice; the writ is returnable within 24 months, and the sheriff returns it within 30 days after a saleFc5 Final judgment and the writ of execut… V1Motion to vacate the judgment or the sale: Within a reasonable time; not more than one year after judgment for mistake, new evidence or fraudV1 Motion to vacate the judgment or the… Fc6The sheriff's sale, and its adjournments: Notice of sale served at least 10 days before the sale date; the sheriff may adjourn by public announcementFc6 The sheriff's sale, and its adjournme… Fc7Ten days to object; redemption; the deed: Motion objecting to the sale served within 10 days after the sale, returnable within 20 days; the deed waits for the window to closeFc7 Ten days to object; redemption; the d… Fc8Surplus money: Sheriff's return and any surplus to the clerk within 30 days after the sale; claims by motion any time afterFc8 Surplus money

Stop by stop

  1. Fc1 Title search, then the complaint in General Equity

    Clock: Day 0; the title search comes before filing

    Foreclosure is equitable relief, so it is filed in the Chancery Division, General Equity, of the county where the property sits. Before filing, the lender has to pull and read a title search so that everyone with a lien or an interest in the property can be named. The complaint itself is a checklist: who owes and who is owed, how much, when the note and mortgage were signed and recorded, what the default was and when, every assignment in the chain, every junior interest, the street address and block and lot, and whether the Fair Foreclosure Act notice went out. In a residential case the lawyer also certifies that someone at the lender personally checked the papers.

    What the rule says 3 sources

    “Actions in which the plaintiff’s primary right or the principal relief sought is equitable in nature, except as otherwise provided by subparagraphs (2) and (3), shall be filed and heard in the Chancery Division, General Equity, even though legal relief is demanded in addition or alternative to equitable relief.”

    R. 4:3-1(a)(1) · as code

    “Prior to filing an action to foreclose a mortgage, a condominium lien, or a tax lien to which R. 4:64-7 does not apply, the plaintiff shall receive and review a title search of the public record for the purpose of identifying any lienholder or other persons and entities with an interest in the property that is subject to foreclosure and shall annex to the complaint a certification of compliance with the title search requirements of this rule.”

    R. 4:64-1(a) · as code

    “In an action in the Superior Court to foreclose a mortgage, the complaint shall state: the name of the obligor, mortgagor, obligee and mortgagee; the amount of the debt secured by the mortgage; the dates of execution of the debt instrument and the mortgage; the recording date, county recording office, and book and page recording reference of the mortgage securing the debt;”

    R. 4:64-1(b) · as code

  2. Fc2 Service, and 35 days to answer

    Clock: Answer within 35 days after service; 60 days for the United States or the State

    The summons and complaint are handed to the homeowner, or left at the house with an adult member of the household, and in a residential case the mediation notice comes with them. From service the homeowner has 35 days to serve an answer. An answer that only says the borrower does not know enough to admit or deny is not a defense; it leaves the lender to its proofs and the case stays uncontested. An answer that attacks the mortgage, its priority, or the lender's right to foreclose sends the case down the contested branch. Government lienholders get 60 days.

    What the rule says 4 sources

    “Upon a competent individual of the age of 14 or over, by delivering a copy of the summons and complaint to the individual personally, or by leaving a copy thereof at the individual's dwelling place or usual place of abode with a competent member of the household of the age of 14 or over then residing therein, or by delivering a copy thereof to a person authorized by appointment or by law to receive service of process on the individual's behalf;”

    R. 4:4-4(a)(1) · as code

    “the defendant shall serve an answer, including therein any counterclaim, within 35 days after service of the summons and complaint on that defendant.”

    R. 4:6-1(a) · as code

    “the United States of America and the State of New Jersey, if a party defendant to a mortgage foreclosure action, shall have 60 days from the date of service of the complaint upon it to file and serve its answer.”

    R. 4:64-1(i) · as code

    “Plaintiff’s attorney shall provide notice to the homeowner of the Residential Foreclosure Mediation Program when the Summons and Complaint are served.”

    R. 4:64-1B(b) · as code

    Fork. If the answer raises a defense, the paper leaves the main line here for C1 and comes back at Fc5.

    Fork. Residential foreclosure mediation, the paper leaves the main line here for M1 and comes back at Fc5.

  3. Fc3 Default, and the Office of Foreclosure

    Clock: Request for default within 6 months of the actual default; the whole case is dismissed if nothing happens for 12 months

    If no answer comes, the lender asks the clerk to enter default, on an affidavit reciting the service date and the expired answer clock, and mails the homeowner a copy. Once every defendant has defaulted or filed a non-contesting answer, the action is uncontested, and from here on it does not go to the county judge's motion calendar. It goes to the Office of Foreclosure in Trenton, a unit of the Administrative Office of the Courts that reads the papers and recommends the orders and the judgment for a designated judge to sign. A case the lender lets sit for twelve months gets a dismissal notice from the Clerk.

    What the rule says 5 sources

    “If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or court order, or if the answer has been stricken with prejudice, the clerk shall enter a default on the docket as to such party.”

    R. 4:43-1 · as code

    “An action to foreclose a mortgage or to foreclose a condominium lien for unpaid assessments pursuant to N.J.S.A. 46:8B-21 shall be deemed uncontested if, as to all defendants; a default has been entered as the result of failure to plead or otherwise defend; or none of the pleadings responsive to the complaint either contest the validity or priority of the mortgage or lien being foreclosed or create an issue with respect to plaintiff's right to foreclose it; or all the contesting pleadings have been stricken or otherwise rendered non-contesting.”

    R. 4:64-1(c) · as code

    “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.”

    R. 1:34-6 · as code

    “In lieu of the filing otherwise required by R. 1:6-4, the application shall be filed with the Office of Foreclosure in the Administrative Office of the Courts.”

    R. 4:64-1(d)(1) · as code

    “when a foreclosure matter has been pending for twelve months without any required action having been taken therein, the Clerk of the Superior Court shall issue written notice to the parties advising that the matter as to any or all defendants will be dismissed without prejudice 30 days following the date of the notice unless, within said period, an answer, motion for default, or motion for judgment or a motion setting time and place for redemption has been filed.”

    R. 4:64-8(a) · as code

  4. Fc4 Notice of motion for final judgment: 10 days to object to the amount

    Clock: Written objection to the Office of Foreclosure within 10 days after receiving the motion

    Before judgment the lender files an affidavit of amount due, with a schedule of principal, advances, late charges and interest, and serves a notice of motion for final judgment on the borrowers and on everyone who appeared, with that affidavit attached. Tenants of a residential property get the notice too, with the tenants' rights sheet in a bold 14-point envelope. The notice carries the Rules' own capital-letter warning: object in writing, with specifics, within 10 days, to the Office of Foreclosure, and serve the lender. A specific objection to the numbers sends the case to the judge in the county of venue to fix the amount; a general complaint, or showing up at the Office in person, does not count.

    What the rule says 5 sources

    “If the action is uncontested, the plaintiff shall file with the Office of Foreclosure an affidavit of amount due, which shall have annexed a schedule as set forth in Appendix XII-J of these rules.”

    R. 4:64-2(b) · as code

    “Notice of motion for entry of judgment in the form prescribed by R. 4:64-9 shall be served within the time prescribed by subparagraph (d)(4) of this rule on mortgagors, on all other named parties obligated on the debt, and on all parties who have appeared in the action, including defendants whose answers have been stricken or rendered non-contesting. The notice shall have annexed a copy of the affidavit of amount due filed with the court.”

    R. 4:64-1(d)(2) · as code

    “If the premises are residential, the notice of motion for entry of judgment shall be served on each tenant, by personal service or registered or certified mail, return receipt requested, accompanied by the notice of tenants' rights during foreclosure in the form prescribed by Appendix XII-K of the rules of court.”

    R. 4:64-1(d)(2) · as code

    “IF YOU WANT TO OBJECT TO THE CALCULATION OF AMOUNT DUE, YOU MUST DO SO IN WRITING WITHIN 10 DAYS AFTER THE DAY YOU RECEIVED THIS MOTION. ANY OBJECTION TO THE CALCULATION OF THE AMOUNT DUE MUST ADDRESS AND DETAIL WITH SPECIFICITY THE BASIS OF THE OBJECTION TO THE AMOUNT DUE. 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.”

    R. 4:64-9(b) · as code

    “Any party having the right of redemption who disputes the correctness of the affidavit of amount due may file with the Office of Foreclosure an objection stating with specificity the basis of the dispute and asking the court to fix the amount due. On receipt of a specific objection to the calculation of the amount due, the Office of Foreclosure shall refer the matter to the judge in the county of venue, who shall schedule such further proceedings and notify the parties or their attorneys of the time and place thereof.”

    R. 4:64-1(d)(3) · as code

  5. Side rail. If the answer raises a defense: C1 to C2, off the main line at Fc2.

    1. C1 A contesting answer takes the case away from Trenton

      Clock: Served within the 35 days; germane counterclaims go in the same pleading

      An answer counts as contesting only if it attacks the validity or priority of the mortgage or the lender's right to foreclose: a bad assignment, a missed Fair Foreclosure Act notice, a payment the lender did not credit, a signature that is not yours. Counterclaims have to be germane to the mortgage; a claim on the note itself or on a guarantee is not, and needs leave. A dispute with another lienholder about who comes first is a cross-claim, and it waits for the surplus money. The Office of Foreclosure does not handle contested cases; the file goes to the General Equity judge of the county where the property is.

      What the rule says 3 sources

      “An allegation in an answer that a party is without knowledge or information sufficient to form a belief as to the truth of an allegation in the complaint shall not have the effect of a denial but rather of leaving the plaintiff to its proofs, and such an allegation in an answer shall be deemed non-contesting to the allegation of the complaint to which it is responsive.”

      R. 4:64-1(c) · as code

      “Only germane counterclaims and crossclaims may be pleaded in foreclosure actions without leave of court. Non-germane claims shall include, but not be limited to, claims on the instrument of obligation evidencing the mortgage debt, assumption agreements and guarantees.”

      R. 4:64-5 · as code

      “A defendant who chooses to contest the validity, priority or amount of any alleged prior encumbrance shall do so by filing a cross-claim against that encumbrancer, if a co- defendant, and the issues raised by the cross-claim shall be determined upon application for surplus money pursuant to R. 4:64-3, unless the court otherwise directs.”

      R. 4:64-5 · as code

    2. C2 Before the General Equity judge: summary judgment or trial

      Clock: Summary judgment motion any time after 35 days from service of the pleading; returnable no later than 30 days before trial

      In front of the judge the case runs like any other General Equity matter: discovery, case management, and almost always a motion for summary judgment, where the lender has to prove the note, the mortgage, the default and its standing on papers. If the defense survives, there is a bench trial in equity. If the answer is stricken or the lender wins summary judgment, the action is uncontested again and goes back to the Office of Foreclosure for the amount-due proofs and final judgment, which is where this branch rejoins the main line.

      What the rule says 2 sources

      “A party seeking any affirmative relief may, at any time after the expiration of 35 days from the service of the pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense. A party against whom a claim for such affirmative relief is asserted may move at any time for a summary judgment or order as to all or any part thereof. All motions for summary judgment shall be returnable no later than 30 days before the scheduled trial date, unless the court otherwise orders for good cause shown,”

      R. 4:46-1 · as code

      “or all the contesting pleadings have been stricken or otherwise rendered non-contesting.”

      R. 4:64-1(c) · as code

    Rejoins. Back on the main line at Fc5.

  6. Side rail. Residential foreclosure mediation: M1 to M2, off the main line at Fc2.

    1. M1 Mediation Request Statement to Trenton

      Clock: Within 60 days of being served; after that, only by motion, and only before the sale

      A homeowner living in the house, if it is a one-to-four family home and every borrower on the note agrees, can ask for the Residential Foreclosure Mediation Program by mailing a Mediation Request Statement to the Superior Court Clerk's foreclosure mediation unit in Trenton. Inside 60 days of service that is all it takes. After 60 days, and any time before the sale, it takes a Motion to Participate in Mediation filed in Trenton and noticed to the county. A judge can also order the parties into mediation at any point after the complaint. Bankruptcy closes the door.

      What the rule says 2 sources

      “A homeowner may apply to participate in the Residential Foreclosure Mediation Program by submitting a completed Mediation Request Statement to the: Superior Court Clerk's Office, Foreclosure Mediation, P.O. Box 971, 25 Market Street, Trenton, New Jersey 08625, no later than 60 days from the date the homeowner is served with the Summons and Complaint. After 60 days from the date a homeowner is served with the Summons and Complaint, and at any time prior to the sale of the property, a homeowner may apply to participate in the Residential Foreclosure Mediation Program only by filing a Motion to Participate in Mediation.”

      R. 4:64-1B(c) · as code

      “The mortgaged premises subject to foreclosure must be the homeowner's primary place of residence. The mortgaged premises subject to foreclosure must be a one to four family dwelling. All borrowers who execute the Note must agree to participate in the mediation.”

      R. 4:64-1B(d) · as code

    2. M2 Conferences, then the mediation session; the case does not stop

      Clock: Initial Conference within 45 days of the acceptance letter; mediation ordered within 30 days after the conference; a second session within 15 days

      The Clerk's office sends a Letter of Mediation Acceptance and sets an Initial Conference by phone within 45 days to get the financial paperwork exchanged; before it, the lender has to mail the loan history, reinstatement and payoff figures, and the note and mortgage. Once the documents are in, an Administrative Order sets the mediation at the county courthouse within 30 days, with a lender representative who has settlement authority and every borrower on the note. The point is a modification, a repayment plan, reinstatement, or a deed in lieu or short sale. None of this stays the foreclosure unless a judge orders it, which is why this branch rejoins the main line at final judgment: the clock in Trenton keeps running while you mediate.

      What the rule says 3 sources

      “The Superior Court Clerk's Office shall issue a Letter of Mediation Acceptance to each homeowner deemed eligible to participate in the Residential Foreclosure Mediation Program and shall schedule an Initial Conference between the parties no later than 45 days from the date of the letter.”

      R. 4:64-1B(e) · as code

      “Upon timely submission of the necessary documentation to lender and the completion of the Conference, the Superior Court Clerk's Office shall enter an Administrative Order scheduling a Residential Foreclosure Mediation no later than 30 days from the date the Conference was completed.”

      R. 4:64-1B(f) · as code

      “Absent a court order to the contrary, the commencement of Residential Foreclosure Mediation proceedings shall not stay the underlying foreclosure litigation”

      R. 4:64-1B(g) · as code

    Rejoins. Back on the main line at Fc5.

  7. Fc5 Final judgment and the writ of execution

    Clock: Judgment on 10 days' notice; the writ is returnable within 24 months, and the sheriff returns it within 30 days after a sale

    If nobody objects, or once the judge has fixed the amount, the Office of Foreclosure recommends final judgment and the designated judge signs it. The judgment fixes the sum due and orders the property sold to pay it. The clerk then issues a writ of execution to the sheriff of the county, endorsed with the amount and the interest calculation. No judgment enters against a defaulting defendant who is in military service without a lawyer in the case for that defendant, and none against a minor or incapacitated person without a guardian.

    What the rule says 3 sources

    “The court, on motion on 10 days’ notice and subject to paragraph (h) of this rule, may enter final judgment upon proofs as required by R. 4:64- 2. The Office of Foreclosure may recommend entry of final judgment pursuant to R. 1:34- 6.”

    R. 4:64-1(d)(4) · as code

    “No judgment or order for redemption shall be entered against a defendant in military service of the United States who has defaulted by failing to appear unless that defendant is represented in the action by an attorney authorized by the defendant or appointed to represent defendant in the action and who has appeared or reported therein.”

    R. 4:64-1(h) · as code

    “Unless the court otherwise orders, every writ of execution shall be directed to a sheriff and shall be returnable within 24 months after the date of its issuance, except that in case of a sale, the sheriff shall make return of the writ and pay to the clerk any remaining surplus within 30 days after the sale,”

    R. 4:59-1(a) · as code

    Fork. To vacate the judgment or the sale, the paper leaves the main line here for V1 and comes back at Fc8.

  8. Fc6 The sheriff's sale, and its adjournments

    Clock: Notice of sale served at least 10 days before the sale date; the sheriff may adjourn by public announcement

    The sheriff posts notice of the sale in the sheriff's office and on the property, publishes it with a description of the premises, and the lender serves it by certified mail on everyone who appeared and on the owner of record, at least 10 days before the sale. In a residential case the tenants' rights notice rides with it. The sale is held where the sheriff usually holds sales, or at the property, to the highest bidder. The sheriff can adjourn the sale by announcing it publicly, and a homeowner's own adjournment requests are limited by statute, not by these rules, so ask the sheriff's office what it allows before the date.

    What the rule says 4 sources

    “If real or personal property is authorized by court order or writ of execution to be sold at public sale, notice of the sale shall be posted in the office of the sheriff of the county or counties where the property is located, and also, in the case of real property, on the premises to be sold, but need not be posted in any other place.”

    R. 4:65-2 · as code

    “The party who obtained the order or writ shall, at least 10 days prior to the date set for sale, serve a notice of sale by registered or certified mail, return receipt requested, upon (1) every party who has appeared in the action giving rise to the order or writ and (2) the owner of record of the property as of the date of commencement of the action whether or not appearing in the action,”

    R. 4:65-2 · as code

    “If real estate is to be sold at public sale, the sheriff, receiver or other person shall publish with the notice of the sale the actual description or a diagram of the premises or a concise statement indicating the municipality in which, and the street or road on which the premises are located, and specifying the tax lot and block, the number of feet to the nearest cross street, the dimensions of the premises, and the street number, if any.”

    R. 4:65-3 · as code

    “Unless the court otherwise orders, all public sales in any action shall be held at the place where the sheriff usually makes such sales, or at the premises to be sold. The sheriff, receiver or other person may continue such sale by public adjournment, subject to such limitations and restrictions as are provided specially therefor.”

    R. 4:65-4 · as code

  9. Fc7 Ten days to object; redemption; the deed

    Clock: Motion objecting to the sale served within 10 days after the sale, returnable within 20 days; the deed waits for the window to close

    After the hammer falls the sheriff waits. For 10 days anyone in interest can serve a motion objecting to the sale, returnable within 20 days, and the deed does not pass until that motion is heard; the judge either sets the sale aside or confirms it and orders the sheriff to convey. The Rules do not create the homeowner's right to redeem, they presuppose it, and the courts read that right to run through this same ten-day window, and through the hearing if an objection is filed: pay the judgment amount with interest and costs before the deed is delivered and the property is redeemed. The sheriff files a sworn report of the sale naming the purchaser, the price and the terms.

    What the rule says 3 sources

    “A sheriff who is authorized or ordered to sell real estate shall deliver a good and sufficient conveyance in pursuance of the sale unless a motion for the hearing of an objection to the sale is served within 10 days after the sale or at any time thereafter before the delivery of the conveyance. Notice of the motion shall be given to all persons in interest, and the motion shall be made returnable not later than 20 days after the sale, unless the court otherwise orders. On the motion, the court may summarily dispose of the objection; and if it approves the sale and is satisfied that the real estate was sold at its highest and best price at the time of the sale, it may confirm the sale as valid and effectual and direct the sheriff to deliver a conveyance as aforesaid.”

    R. 4:65-5 · as code

    “Any party having the right of redemption who disputes the correctness of the affidavit of amount due may file with the Office of Foreclosure an objection stating with specificity the basis of the dispute and asking the court to fix the amount due.”

    R. 4:64-1(d)(3) · as code

    “A sheriff, receiver, guardian, or a personal representative of decedent selling lands to pay debts or other person ordered to sell real estate shall file with the court a report of any sale made, verified by affidavit, stating the name of the purchaser and the price and terms of sale.”

    R. 4:65-6(a) · as code

  10. Side rail. To vacate the judgment or the sale: V1, off the main line at Fc5.

    1. V1 Motion to vacate the judgment or the sale

      Clock: Within a reasonable time; not more than one year after judgment for mistake, new evidence or fraud

      A final judgment of foreclosure, or a sale under it, can be reopened by motion with a brief under R. 4:50-1: excusable neglect, newly discovered evidence, fraud or misconduct by the other side, a void judgment (bad service is the usual reason), a judgment that has been paid, or any other reason that justifies relief. The first three grounds have a hard one-year limit from the judgment; the others need only a reasonable time. Filed in the vicinage, it goes to the General Equity judge. When the lender consents, the Office of Foreclosure can recommend the order that vacates the judgment and the writ and puts the mortgage back in force. Relief, if it comes, drops you back on the main line wherever the judge sends you; denied, the line runs on to the deed and the surplus.

      What the rule says 3 sources

      “On motion, with briefs, and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment or order for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial under R. 4:49; (c) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (d) the judgment or order is void; (e) the judgment or order has been satisfied, released or discharged, or a prior judgment or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or order should have prospective application; or (f) any other reason justifying relief from the operation of the judgment or order.”

      R. 4:50-1 · as code

      “The motion shall be made within a reasonable time, and for reasons (a), (b) and (c) of R. 4:50-1 not more than one year after the judgment, order or proceeding was entered or taken.”

      R. 4:50-2 · as code

      “vacating judgment and execution, reinstating a bond or note and mortgage and, with the consent of the answering defendants, dismissing the proceedings;”

      R. 1:34-6 · as code

    Rejoins. Back on the main line at Fc8.

  11. Fc8 Surplus money

    Clock: Sheriff's return and any surplus to the clerk within 30 days after the sale; claims by motion any time after

    If the sale brought more than the judgment, the sheriff pays the surplus to the clerk and the money sits in the Superior Court Trust Fund. The former owner and every junior lienholder named in the judgment claim it by motion to the Office of Foreclosure, on notice to every party including the ones who defaulted; the Office lists the liens in priority and recommends the payout when nobody opposes. Anyone who was not a party moves in the vicinage instead. The notice of sale and the affidavit of amount due both had to tell you this money might exist and how to ask for it.

    What the rule says 3 sources

    “Applications for withdrawal of surplus moneys in foreclosure actions may be presented at any time after the sale on motion, in accordance with R. 1:6-3, and notice to all parties, including defaulting defendants whose claims are not directed in the execution to be paid out of the proceeds of sale. Such motions made by a party named in the judgment of foreclosure shall be filed with the Office of Foreclosure.”

    R. 4:64-3(a) · as code

    “A motion made by a non-party to the judgment of foreclosure shall be filed in the vicinage. A motion for payment of surplus money prior to the delivery of the deed also shall be filed in the vicinage.”

    R. 4:64-3(b) · as code

    “The notice of sale shall include notice that there may be surplus money and the procedure for claiming it.”

    R. 4:65-2 · as code

Custodian is legal information, not legal advice. The rule excerpts are verbatim from the Judiciary’s Rules of Court publication, harvested 2026-09-02; the quoted NJ Courts self-help pages were read 2026-09-02. Excerpts are excerpts: read the whole rule before you rely on it. Free legal help: Legal Services of New Jersey.

Cross-reference. Cannot pay a filing fee? See the notice of motion to proceed in forma pauperis (the New Jersey court fee waiver). Every court form: in.formapauperis.com. A problem with your lawyer along the way: the Lawyers page.