New Jersey | New Residential Mortgage Foreclosure Rules and Revised Form Certifications/Affidavits

New Residential Mortgage Foreclosure Rules and Revised Form Certifications/Affidavits

Supreme Court of New Jersey

It is ORDERED that the attached amendments to Rule 4:64-1 and 4:62-2 of the Rules Governing the courts of the State of New Jersey are to be adopted effective immediatly.

It is FURTHER ORDERED with regard to residential mortgage foreclosure actions pending as of the date of this Order, that before entry of judgment, plaintiff’s counsel shall be required to file an affidavit, which shall be served on the parties indentified in Rule 4:64-1(d)(1)(A) as those required to be served with the notice of motion for judgment (a) stating that the attorney has communicated with an employee or employees of the plaintiff or the plaintiff’s mortgage loan servicer (1) who personally reviewed the affidavit of amount due and the original or true copy of the note, mortgage, and recorded assignments, if any, submitted to the court, and (2) who confirmed the accuracy of those documents; (b) setting out the date and mode of communication employed; (c) setting out the name(s), title(s) and responsibilities in those titles of the plaintiff’s employee(s) or the employee(s) of the plaintiff’s mortgage loan servicer with whom the attorney communicated; and (d) attesting that the complaint and all subsequent documents filed with the court comport with the requirements of Rule 1:4-8(a).

It is FURTHER ORDERED that in all residential mortgage foreclosure actions in which judgment has been entered but no sale of the property has occured as of June 9, 2011 date of this Order, plaintiff’s counsel before the sale of the property shall be required to file an affidavit, which shall be served on the parties identified in rule 4:64-1(d)(1)(A) as those required to be served with the notice of motion for judgment (a) (a) stating that the attorney has communicated with an employee or employees of the plaintiff or the plaintiff’s mortgage loan servicer (1) who personally reviewed the affidavit of amount due and the original or true copy of the note, mortgage, and recorded assignments, if any, submitted to the court, and (2) who confirmed the accuracy of those documents; (b) setting out the date and mode of communication employed; (c) setting out the name(s), title(s) and responsibilities in those titles of the plaintiff’s employee(s) or the employee(s) of the plaintiff’s mortgage loan servicer with whom the attorney communicated; and (d) attesting that the complaint and all subsequent documents filed with the court comport with the requirements of Rule 1:4-8(a).

Changes and forms below…

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4closureFraud.org

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Residential Mortgage Foreclosure Rules and Revised Form Certifications/Affidavits

Comments
9 Responses to “New Jersey | New Residential Mortgage Foreclosure Rules and Revised Form Certifications/Affidavits”
  1. WOW! I agree Ivent. Very disapointing ruling for the people. The attorney’s are however going to be HELD LIABLE, and I am not so sure they will put themselves out there in that position. I know in other states they are fighting that affidavit certification that all the docs are PUR-R-R-R-FECT. We will then be able to file LAWSUITS for their LIES.

  2. Ali says to ivent, that is te mst beatiful thing I have ever heard as have been going yhrough this Living Hell for almost three years. People, go to your County recorders Office and get your Chain of title. Finding the help on the internet is empowering. Now, BOA wants to modify my morgage, oh, by Friday. Well, I have some questions, and nobody seems to have any anwers. Where’s the outrage?

  3. l vent says:

    Original or true copy of the note? What proof could there be that a copy of any doc is true from these criminals? With all of their digitized fraud that has been proven to be rampant a copy is proof of nothing. These criminals can go to Docstoc and get a COPY of any doc they want with a digitized signature from any bank they want. They are criminals who can’t be trusted by ANYBODY. If they can’t produce the original docs and clean chain of title, and the absolute proof that the notes were lawfully delivered to the trusts as well as the party in due course name should be inserted in the deed, there should be NO foreclosure. Then there is the matter of the severing of the note from the security instrument which is the Mortgage. 138 years ago the U.S. SUPREME COURT RECOGNIZED THAT THE MORTGAGE INSTRUMENT IS INSEPARABLE FROM THE PROMISSORY NOTE. CARPENTER V. LONGAN. THAT WAS NECCESARY TO ENSURE THAT PROPERTY COULD BE DERAIGNED. BIFURCATING THE MORTGAGE INSTRUMENT TO MERS RENDERS A FORECLOSURE IMPOSSIBLE AS THE PROMISSORY NOTE IS NO LONGER SECURED BY THE MORTGAGE INSTRUMENT. WHAT THEY HAVE SOWN, THEY SHOULD REAP. You are under no obligation to pay that creditor a dime if the note and the mortgage have been bifurcated. 99% of foreclosures are ILLEGAL AND UNCONSTITUTIONAL. RESCIND. THEY ALREADY MADE HUNDREDS OF TRILLIONS. CNBC reported WALL STREET made 60 trillion in mortgage derivatives alone. NOW THEY ARE JUST BEING GREEDY..OUR HOMES ARE PAID FOR FREE AND CLEAR BECAUSE OF THEIR PONZI SCHEME SWINDLE AND HEIST..

    • M Mccloud says:

      THANK YOU. I can get some sleep now. And take my kids to Disneyland!!!!

      • Pete says:

        Yeah, be sure and take your kids to Disneyland and don’t bother paying your mortgage!

        Isn’t this attitude what got you in trouble to begin with…

      • Hey Pete,

        You dipshit…

        You shouldn’t be surfin the web at work…

        Don’t you have homes to steal?

        You should at least mask your IP Address…

        Irving, Texas, United States
        American Home Mortgage Servicing (12.200.113.32) AHMSI

        Search Engine Phrase – mortgage set out date

        You’re nothing but a bankster shill…

        Now get lost…

      • lvent says:

        Pete, it was not anyone’s attitude that got us into this mess, we were forced into this mess when the foreign multinationals set us up to fail by creating to much risk so ALL WOULD FAIL.. They intentionally created a domino effect…..They intentionally crashed the stock market and this whole crisis is the result of their ongoing criminal Ponzi Scheme on Wall Street and at the Federal Reserve….See you tube video entitled CNBC ILLUMINATI CRASHES STOCK MARKET…… Now they want to get rich off of our demise and they are gambling on it, even members of Congress like John Boehner as Bloomberg TV reported last week… Our own Congress are invested in our credit downgrade….Traitors and Treasonist posing as Americans, There are many Benedict Arnolds hiding in plain sight. You should do your homework.. I doubt they pay you enough to be a traitor….And by the way, I won’t be going to Disneyland. They stole Disneyland and they own that too. Their greed ruined everything including Christmas.

      • lvent says:

        Why not, it is like Disneyland everyday for the elite who own everything including Wall Street and the Federal Reserve…..They are having a huge party off of our debt…..They are partying like it is 1999 all over again!!!!

      • lvent says:

        The above message is for M. Mccloud.

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