Actions in the Superior Court under any statute providing for the borrowing of money on the security of, or the exchange of, any real estate of a minor, mentally incapacitated person or other person, shall be commenced by filing a verified complaint of the guardian or other person authorized to proceed under the statute, and shall conform with the provisions of R. 4:94 insofar as they are applicable. If the action is to mortgage land, the court shall also ascertain the manner in which it is proposed to meet the interest to accrue upon the mortgage. If it appears that the best interest of the minor, mentally incapacitated person or other person would be promoted by selling the real estate rather than by mortgaging it, the court in its discretion may direct the guardian or other designated person to take such proceedings to sell the whole or any part of the same.
Rule 4:94-6.Mortgage of lands
Last amended September 3, 2002 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:94-6 lets a guardian or other statutorily authorized person commence, by verified complaint under R. 4:94's procedure, an action to borrow money secured by or exchange a ward's real estate, requires the court to confirm how mortgage interest will be met, and lets the court redirect toward a sale if that would better serve the ward.
Full Text of Rule 4:94-6
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.
Source-R.R. 4:84-5; amended July 26, 1984 to be effective September 10, 1984; former R. 4:66-6; amended and rule redesignated June 29, 1990 to be effective September 4, 1990; amended July 12, 2002 to be effective September 3, 2002.
Plain-English Summary
Borrowing against a ward's real estate, or exchanging it, follows the same complaint-and-procedure framework R. 4:94 sets for a sale, commenced by the guardian's or other authorized person's verified complaint. When the action is to mortgage the land, the court also confirms how the interest accruing on that mortgage will be covered.
If it turns out that selling the property, rather than mortgaging it, would better serve the ward's interests, the court isn't locked into the mortgage path — it can direct the guardian or other designated person to sell all or part of the property instead.
Frequently Asked Questions
What procedure governs an action to mortgage a ward's real estate?
The same R. 4:94 framework that governs a sale, commenced by the guardian's or authorized person's verified complaint.
Can the court redirect a mortgage action toward a sale instead?
Yes, if selling rather than mortgaging the property would better serve the ward's best interests.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:94-6). 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: mortgage of ward's real estate