(a) Dismissal for Lack of Prosecution. Except as otherwise provided by rule or court order, when a foreclosure matter has been pending for twelve months without any required action having been taken therein, the Clerk of the Superior Court shall issue written notice to the parties advising that the matter as to any or all defendants will be dismissed without prejudice 30 days following the date of the notice unless, within said period, an answer, motion for default, or motion for judgment or a motion setting time and place for redemption has been filed. If the plaintiff fails to respond as herein prescribed, the court shall enter an order of dismissal without prejudice as to any named party defendant who has not been served or has not answered and shall furnish the plaintiff with a copy thereof.
Rule 4:64-8.Dismissal of Foreclosure Actions for Lack of Prosecution; Reinstatement
Last amended December 1, 2021 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:64-8 lets the Clerk dismiss a foreclosure matter without prejudice after 12 months of inactivity unless the plaintiff acts within 30 days of notice, and limits reinstatement to three times, each requiring good cause and a restoration fee.
Full Text of Rule 4:64-8
(b) Reinstatement After Dismissal. A matter may be reinstated after dismissal pursuant to paragraph (a) only on motion for good cause shown. Such motion to reinstate a dismissed foreclosure matter pursuant to paragraph (a) must be filed with the Office of Foreclosure in accordance with Rule 1 :34-6. Upon such reinstatement, the plaintiff will be assessed a restoration fee equivalent to twice the filing fee for a foreclosure complaint. A matter may be reinstated only three times (not counting any dismissals based on federal exemptions) before a new complaint must be filed by plaintiff in order to proceed.
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 28, 2004 to be effective September 1, 2004; amended April 30, 2019 to be effective May 1, 2019; text allocated into paragraphs (a) and (b), captions added, and paragraph (b); amended December 2, 2019 to be effective immediately; paragraph (b) amended November 29, 2021 to be effective December 1, 2021.
Plain-English Summary
A foreclosure case can't sit dormant indefinitely. Once a matter has been pending 12 months without any required action, the Clerk of the Superior Court sends notice that it will be dismissed without prejudice in 30 days unless the plaintiff files an answer, a motion for default, a motion for judgment, or a motion setting the terms for redemption.
Getting a dismissed matter back on track takes a motion showing good cause, filed with the Office of Foreclosure, plus a restoration fee equal to twice the ordinary filing fee — and that path is available only three times before the plaintiff has to start over with a brand new complaint.
Frequently Asked Questions
What happens if a foreclosure case sits inactive for 12 months?
The Clerk of the Superior Court issues notice that the matter will be dismissed without prejudice in 30 days unless required action is taken.
How many times can a dismissed foreclosure matter be reinstated?
Three times, not counting dismissals based on federal exemptions, before a new complaint must be filed.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:64-8). 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: dismissal for lack of prosecutionreinstating a foreclosure case