Rule 4:64-4.Abandonment of action by plaintiff; right of defendants to proceed

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:64-4 lets answering encumbrancer-defendants take over a foreclosure action and proceed to judgment themselves when the plaintiff neglects or refuses to move the case forward, with the plaintiff barred from recovering costs.

Full Text of Rule 4:64-4

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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

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.

Source-R.R. 4:82-5; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

A foreclosure plaintiff who joins other encumbrancers as defendants can't just let the case stall once they've answered. If the plaintiff neglects or refuses to proceed, those defendants can apply to the court for an order letting them take over and carry the action through to judgment and execution.

The plaintiff doesn't get to collect costs when that happens — an order letting defendants take over specifically bars the plaintiff from being awarded them.

Frequently Asked Questions

What happens if a foreclosure plaintiff stops pursuing the case after other encumbrancers answer?

Those defendants may apply for a court order allowing them to proceed with the action to judgment and execution, and the plaintiff is not allowed costs.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:64-4). 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: abandoned foreclosure action