R. 4:64-1A. — Foreclosure of Vacant and Abandoned Residential Property

a. Verified Complaint and Order to Show Cause. In addition to the content required by R. 4:64-1(a) and (b), a complaint for foreclosure of vacant and abandoned residential property as established by N.J.S.A. 2A:50-73 shall set out facts that the plaintiff alleges demonstrate that the property is vacant and abandoned. The complaint shall have attached the R. 4:64-2(b) affidavit or certification of amount due that the plaintiff will rely upon to establish the judgment amount and the R. 4:64-2(d) affidavit of diligent inquiry. Copies of such affidavits or certifications shall be served with the R. 4:67-1 order to show cause.

b. Notice of Motion to Proceed Summarily. An application to proceed summarily for foreclosure of vacant and abandoned residential property as established by N.J.S.A. 2A:50-73 shall have attached the R. 4:64-2(b) affidavit or certification of amount due that the plaintiff will rely upon to establish the judgment amount and the R. 4:64-2(d) affidavit of diligent inquiry. Copies of such affidavits or certifications shall be served with the R. 4:67-2 notice of motion to proceed summarily.

c. Procedure to Enter Judgment.

1. Application for Judgment. The application for judgment shall be accompanied by proofs as required by R. 4:64-2 not already of record. 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.

2. Notices. Notwithstanding the procedure for judgment set forth in R. 4:64-1(d)(2), where residential property is vacant and abandoned as established by N.J.S.A. 2A:50-73, a notice of motion for entry of judgment and the notice of tenants’ rights during foreclosure in the form prescribed by Appendix XII-K of the Rules of Court are not required to be served.

3. Entry of Judgment. Notwithstanding the procedure for judgment set forth in Rule 4:64-1(d)(4), if the court determines that residential property is vacant and abandoned as established by N.J.S.A. 2A:50-73, the court on the order to show cause return date or the order to proceed summarily return date may enter final judgment. The Office of Foreclosure may recommend entry of final judgment pursuant to R. 1:34-6.