How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Your Own Question
John
John, Attorney
Category: Legal
Satisfied Customers: 4531
Experience:  Licensed and practicing attorney.
71296933
Type Your Legal Question Here...
John is online now
A new question is answered every 9 seconds

The plaintiff's motion has just been granted to file an

Customer Question

The plaintiff's motion has just been granted to file an amended foreclosure complaint on a second mortgage, which was served in 2010. The original complaint was answered, but was eventually deemed noncontesting. The case dragged on for some time - largely due to plaintiff not taking any action. The amended complaint adds the non borrowing spouse to the complaint, and it also corrects the default date and adds language authorizing plaintiff to pay off first mortgage. I read your post that they can simply mail the amended complaint to the original defendant, but is plaintiff required to serve the non borrowing spouse, and is the non borrowing spouse entitled to file an answer? And can the original defendant file an answer to the amended complaint? Thanks.
Submitted: 6 months ago.
Category: Legal
Expert:  John replied 6 months ago.

Service must be made on the non-borrowing spouse as well. You don't state what State you are located in, but most states allow for service to be made via certified mail with return receipt. It could not just be mailed to the non-borrowing spouse; service must be made in one of the ways allowed for by the court rules. The non-borrowing spouse could file his/her own answer independent of the borrowing spouse. The borrowing spouse can file an amended answer to the the amended complaint.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 6 months ago.
Thank you. It is in NJ. Since plaintiff has filed an amended answer, is plaintiff now prevented from filing a motion for final judgment until after the complaint is answered and deemed noncontesting? Also, does original defendant effectively get a second bite at the apple to challenge the fact that the amended complaint is not compliant with the court rules on foreclosure (the original complaint was also not compliant - lacked the specifics required per NJ Rule 4:64 - but original defendant did not make a motion to dismiss the original complaint - I guess the question is has the plaintiff repopened the matter to be challenged on the basis of compliance with Rule 4:64 by filing the amended complaint?
Expert:  John replied 6 months ago.

Ok, so service can be made by certified mai , return recipet in NJ.

Default or final judgment cannot be received until 35 have elapsed after service of the amended complaint on the defendants; defendants have this length of time at least to answer the amended complaint.

Yes the original defendant can essentially change the way he/she answers the amended complaint - that would include motioning to strike or challenging it as an improper pleading...essentially the whole answer process of 4:6 starts over.

Expert:  John replied 4 months ago.

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.

Expert:  John replied 4 months ago.

Sorry to bother you, but you haven't yet provided a positive rating for this answer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit and I get no credit for the work I put into the matter. Thanks.