(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.
Rule 4:64-1A.Foreclosure of Vacant and Abandoned Residential Property
Last amended September 1, 2014 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:64-1A lets a plaintiff foreclose vacant and abandoned residential property through a verified complaint and order to show cause (or a summary motion), skipping the ordinary foreclosure notice and tenant-rights requirements once the court finds the property vacant and abandoned.
Full Text of Rule 4:64-1A
(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.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Adopted July 22, 2014 to be effective September 1, 2014.
Plain-English Summary
Foreclosing an empty, abandoned house doesn't need the full ordinary foreclosure notice machinery. The plaintiff still has to allege, in a verified complaint or summary motion, the facts showing the property is vacant and abandoned under the statute, backed by the affidavit of amount due and the diligent-inquiry affidavit Rule 4:64-2 requires.
Once the court determines the property qualifies, it can skip serving the ordinary motion for judgment and the tenant-rights notice, and enter final judgment right on the order-to-show-cause or summary-proceeding return date.
Frequently Asked Questions
Does a vacant and abandoned property foreclosure require the same notices as an ordinary foreclosure?
No. Once the court finds the property vacant and abandoned, the ordinary motion notice and tenant-rights notice aren't required, and judgment can be entered on the return date.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:64-1A). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: vacant and abandoned property foreclosure