Notice of Motion for Default
(Residential Foreclosure) (NJ)

Summary

This template notice of motion for default may be used in a mortgage foreclosure action in New Jersey to notify a party that the plaintiff is making a motion for entry of default judgment. This template contains practical guidance and drafting notes. Once the time for a defendant to file an answer or otherwise appear in a mortgage foreclosure action has expired, the foreclosing plaintiff can make application for the entry of default. See N.J. Court Rules, R. 4:43-1. (Note that application for the entry of final judgment is made separately and at a later point in time.) If less than six months have elapsed since the party was served, a request and certification for the entry of default can be submitted electronically. (For a template see Request and Certification of Default (Residential Foreclosure) (NJ)). If service was completed more than six months before the application is made, the movant must make application for default by notice of motion for default using this template, which includes specific language required when making application to the Office of Foreclosure rather than to a vicinage judge. See N.J. Court Rules, R. 4:43-1, R. 1:6, R. 4:64-9(c), and R. 1:36-6. The notice of motion is mailed to all defaulted parties by both regular mail and certified mail return receipt requested. The notice must be filed electronically with the following additional documents: • Certification in Support of Order Entering Default (Residential Foreclosure) (NJ) • Proposed Order Directing the Entry of Default (Residential Foreclosure) (NJ) • Certification of Mailing Notice of Motion for the Entry of Default (Residential Foreclosure) (NJ) For further guidance see Residential Foreclosure (NJ) and Residential Foreclosure Resource Kit (NJ).