Rule 4:64-5 Joinder of Claims in Foreclosure
Rule 4:64 — Foreclosure Of Mortgages, Condominium Association Liens And Tax Sale Certificates
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.
Amendment history: Former rule deleted September 5, 1969 to be effective September 8, 1969. New rule adopted July 14, 1992 to be effective September 1, 1992.