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John, Attorney
Category: Legal
Satisfied Customers: 5687
Experience:  Licensed and practicing attorney.
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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: 1 year ago.
Category: Legal
Expert:  John replied 1 year 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.

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Customer: replied 1 year 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 1 year 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 1 year ago.

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