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