EZRCP · New Jersey · Part 4 - Civil Practice · R. 4:64-9

R. 4:64-9. — Motions in Uncontested Matters

New Jersey · Part 4 - Civil Practice

Open on EZRCP

Rule text

a. Contents of Notice of Motion; General. A notice of motion filed with the Office of Foreclosure pursuant to Rules 1:34-6, 4:64-1, and/or 4:64-2 shall not state a time and place for its 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.

b. Notices of Motion for Entry of Final Judgment; Objection to Amount Due. Every notice of motion for entry of Final Judgment in a foreclosure action filed with the Office of Foreclosure pursuant to Rules 1:34-6, 4:64-1 and 4:64-2 shall include the following language: "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. IF YOU FILE A SPECIFIC OBJECTION TO THE CALCULATION OF THE AMOUNT DUE, ON RECEIPT OF A SPECIFIC OBJECTION TO THE CALCULATION OF THE AMOUNT DUE PURSUANT TO R. 4:64-1(d)(1)(A), 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." On receipt of a specific objection to the calculation of the amount due pursuant to R. 4:64-1(d)(1)(A), 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.

c. Contents of Notice of Motion; Specific Language. All other notices of motion in uncontested foreclosure actions filed with the Office of Foreclosure pursuant to Rule 1:34-6 and Rule 4:64-1(c) shall include the following language: "IF YOU WANT TO OBJECT TO THIS MOTION YOU MUST DO SO IN WRITING WITHIN 10 DAYS AFTER THE DAY YOU RECEIVED THIS MOTION. ANY OBJECTION MUST ADDRESS THE SUBJECT OF THE MOTION AND DETAIL WITH SPECIFICITY THE BASIS OF THE OBJECTION TO THE MOTION. 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 MOTION, 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." On receipt of a specific objection to the motion, 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.

Notes

Note: Adopted July 9, 2008 to be effective September 1, 2008; amended July 23, 2010 to be effective September 1, 2010; former text deleted, new paragraphs (a), (b), and (c) adopted July 22, 2014 to be effective September 1, 2014.