R. 4:64-5 New Jersey Rules of Court, R. 4:64-5: Joinder of Claims in Foreclosure, rendered as code with every cross-reference linked

rule 4:64-5 "Joinder of Claims in Foreclosure" {
Unless the court otherwise orders on notice and for good cause shown, claims for foreclosure of mortgages shall not be joined with non-germane claims against the mortgagor or other persons liable on the debt. 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. 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.
Note: Former rule deleted September 5, 1969 to be effective September 8, 1969. New rule adopted July 14, 1992 to be effective September 1, 1992.
}
referenced_by: 4:30A, 4:64-1, 4:7-1
source: njcourts.gov // verbatim; changed 2025-09-10; corpus harvested 2026-09-02