New Jersey Statutes 2A:50-56.3. Dismissal of action, reinstatement
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Terms Used In New Jersey Statutes 2A:50-56.3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
2. a. If a plaintiff‘s action to foreclose a residential mortgage has been dismissed without prejudice pursuant to R.4:64-8 of the Rules Governing the Courts of New Jersey of the State of New Jersey, reinstatement of the plaintiff’s action may be permitted only on motion for good cause shown. Reinstatements shall be limited to three for any action, except that a reinstatement which is granted following a dismissal without prejudice that resulted from the plaintiff’s compliance with federal law or regulation shall not count toward the limit established by this subsection. The fee for a plaintiff to reinstate a residential mortgage foreclosure action shall be twice the amount set for filing a foreclosure complaint. The plaintiff shall not charge or otherwise pass a reinstatement fee onto the debtor or any other person.
b. The amounts paid by plaintiffs for reinstating a mortgage pursuant to subsection a. of this section, that are over and above the amounts set for filing a foreclosure complaint, shall be aggregated and divided equally on an annual basis, with one-half dedicated to the New Jersey Housing and Mortgage Finance Agency for the purposes of funding the counseling component provided by the agency for the New Jersey Judiciary’s Foreclosure Mediation Program, and one-half dedicated to the Administrative Office of the Courts for the general operations provided by the office for the New Jersey Judiciary’s Foreclosure Mediation Program.
L.2019, c.69, s.2.