Can You Get Relief from a Foreclosure if the Plaintiff Does Not Define Default Amount

My question involves a mortgage in the state of: New Jersey
It is now more than 1 year since Plaintiff was granted judgment against me. Six months ago, (in response to plaintiff's warning that they were about to file a request and certification for default), I responded and filed an affidavit defining factors to be considered in default. I included amounts. Plaintiff never responded and never filed a claim for any amount of default. It currently reads 0. I would now like to file a motion for the court to enforce terms of settlement based on the default parameters that I filed.
I am pro se. Is there such a thing? Where can I find a format for this motion?
What case law may I quote where judgment was awarded based on terms filed six months earlier and not contested?
Better still, What case law may I quote where judgment was awarded based on terms previously filed and not contested by plaintiff?

I do not want the court to dismiss the matter without prejudice. From what I understand, after 1 year, they can, but if dismissed "without prejudice" I am told that the matter will not go away, they will just file a new lawsuit. Already in foreclosure, I feel I have nothing to lose and everything to gain if the terms of my affidavit filed six months ago are enforced.
I would appreciate help with this from a NJ perspective.
Thank you very much.

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Quoting Ana Lyst

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It is now more than 1 year since Plaintiff was granted judgment against me.

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Sorry, but nothing after that sentence makes any sense.

If the Plaintiff got a judgment against you a year ago then the Plaintiff won and all that's left for the Plaintiff to do is figure out how to collect the amount of the judgment.

I have no clue as to what the rest of your post is all about.

If this is a judgment of foreclosure, perhaps all they asked for is possession of the property. If this is not a foreclosure action, it's not clear why it was posted as a foreclosure matter or why the foreclosure would even be relevant.

In a lawsuit for a sum certain, the default judgment will normally be for the stated amount. For lawsuits in which damages have to be assessed by the court, following a non-appearance default there may be an additional hearing on damages. The defaulted tenant would be able to participate in that hearing, even though the issue of their liability was resolved by the non-appearance default. If this is such a case, where there has never been a hearing on damages such that the plaintiff has obtained an actual money judgment, the defendant's filings would not prevent that from happening, but I would have to wonder what the plaintiff is waiting for.

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Quoting Mr. Knowitall

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In a lawsuit for a sum certain, the default judgment will normally be for the stated amount. For lawsuits in which damages have to be assessed by the court, following a non-appearance default there may be an additional hearing on damages. The defaulted tenant would be able to participate in that hearing, even though the issue of their liability was resolved by the non-appearance default. If this is such a case, where there has never been a hearing on damages such that the plaintiff has obtained an actual money judgment, the defendant's filings would not prevent that from happening, but I would have to wonder what the plaintiff is waiting for.

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True.

But if that's what's happening you sure couldn't prove it by what the OP wrote. :friendly_wink:

I can't argue with that. It's a bit like reading tea leaves....

Thanks for your reply. It is a foreclosure judgment but the amount of default they are seeking to recover from the sale of the property was not stated. I am not an attorney and I am interpreting NJ law 4:64-8 concerning Dismissal of Foreclosure Actions for Lack of Prosecution to mean that the foreclosure can be dismissed because they have not done anything. I am also interpreting Rule 4:43-2 concerning Final Judgment by Default and don't see why I can't move for judgment based on the only calculations of default amount that have been filed with the court- mine. (I know that I may be clutching at straws). :o
I also don't know what they are waiting for, but the statute of limitations is about to run out on some issues that came up against them during the foreclosure. It occurred to me that perhaps they will pursue the foreclosure after those issues go away.... but again, I haven't a clue. Thanks for your patience with my lack of legalese.

If they obtained a judgment of foreclosure without seeking money damages, then they have a judgment of foreclosure -- they simply don't also have, as part of that order, an award of money damages against you.

Rule 4:43-2 begins, "After a default has been entered in accordance with R. 4:43-1, except as otherwise provided by R. 4:64 (foreclosures),..."
Rule 4:64-7(d) describes how a final judgment may be entered in a foreclosure matter that is uncontested.

You seem to be stating that a final judgment was entered, granting the foreclosure, which would make it appear that the judgment was issued under Rule 4:64. But let's assume for the sake of argument that the lender has, for some reason, failed to take necessary steps to complete its prosecution of the foreclosure -- Rule 4:64-8 allows the court clerk to send a notice to the plaintiff indicating that if they don't act within thirty days, their action is subject to dismissal for lack of prosecution. It's not a basis for you to object -- it's a rule to help the court remove dead and dormant cases from its docket.

The statute of limitations stops running when a lawsuit is filed. If they receive a notice under Rule 4:64-8, they can take the required action and the statute of limitations will not be an issue in relation to the subject matter of the lawsuit.

As Mr. K points out, they don't have to state a value. Presumably by now the bank (or somebody) already has ownership of the house. They can't pursue a deficiency without serving you again. It's rare that there's a deficiency anyway because the banks typically bid what they have in the property at the foreclosure auction (it's better for them to take the property as REO than to let it go for a bargain price at auction).

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Quoting flyingron

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As Mr. K points out, they don't have to state a value.

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To clarify that a bit, if they are seeking foreclosure based upon missed payments they do need to identify the amount of the arrears in their complaint -- but they don't have to ask for money damages as part of the relief that they request in the foreclosure.

Thanks, Mr K. The court clerk indicated that they are waiting for Plaintiff. I guess we're all baffled.
Mr f, it was for arrears and they have not specified an amount.
These clarifications are appreciated. Thank everyone.

It is not that unusual in NJ (since July, 2014) for lending institutions to start foreclosures and not finish them since the NJ legislature passed N.J.S.A 46:10B-51.

The municipalities are passing foreclosed property maintenance codes that can levy high fines for not maintaining foreclosed properties.

Thanks budwad. I didn't know this. I don't think they could claim that my property has been neglected, but who know what they're thinking. Thanks for sending this info. It's important to know.