EZRCP · New Jersey · Part 4 - Civil Practice · R. 4:64-5

R. 4:64-5. — Joinder of Claims in Foreclosure

New Jersey · Part 4 - Civil Practice

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Rule text

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.

Notes

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.