Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good evening. I certainly understand the situation and your concern. If there is currently a case pending within the court, the new lender could step into the shoes of the original and continue the foreclosure action. I have provided the rule below, which controls and allows this. It does seem odd that if the case has been sitting idle for months now, that the court or the Judge, on their own accord, has yet to seek to dismiss the case for lack of prosecution. Judges typically do not like when cases just sit idle. Even if the new lender were to proceed, they would have to establish and show the proper chain of title
and that they have standing at this time to proceed and foreclose. It is likely that the newest company would want to start over, to make sure everything is in order, so they may voluntarily dismiss the case and then refile it. There is also a statute of limitations, if no actions is taken by the lender, which could prevent them from proceeding and you would have a valid defense. I have attached the link also, for your review.
4:34-3. Transfer of Interest
In case of any transfer of interest, the action may be continued by or against the original party, unless the court on motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in R. 4:34-1(b).