Rule 4:64-4 Abandonment of Action by Plaintiff; Right of Defendants to Proceed
Rule 4:64 — Foreclosure Of Mortgages, Condominium Association Liens And Tax Sale Certificates
Rule Text
If the plaintiff makes prior or subsequent encumbrancers parties to the action to foreclose a mortgage, and they answer, and the plaintiff neglects or refuses to proceed, the defendants, or any of them, may make application to the court for an order permitting them to proceed with the action to judgment and execution. Plaintiff by such order shall not be allowed costs.
Amendment history: Source-R.R. 4:82-5; amended July 13, 1994 to be effective September 1, 1994.