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In light of current decisions and litigation with regard to the residential mortgage foreclosures, 34-2-0710 Deutsche Bank National Trust Co. v. Wilson, App. Div., Kemp v. Countrywide Home Loans, U.S.Bankruptcy Court, Adversary No. 08-2448 and Fidelity Asset Management, LLC v. Faine, A-1485-09, there have been a few procedural changes by the New Jersey Supreme Court.

From and after December 20, 2010, a Certification of Diligent Inquiry must be annexed to the mortgage foreclosure complaint pursuant to R.1:5-6(c) and R. 4:64-1(a)(2) and (3). Excerpts from each are printed below:

R.1:5-6(c)(1)(E) refers to nonconforming papers that will be returned by the Court if not properly completed and that the attorney of record shall be responsible for the court’s fees.

R. 1:4-8(a) refers to the signing of a document by the attorney and that said signing constitutes a certificate that the attorney has read the pleading and formed after an inquiry reasonable under the circumstance.

R.4:64-1(a)(2) and(3) refers to the attorney certification that must accompany the complaint that a title search has been reviewed to identify parties in interest; that a certification of diligent inquiry shall state that:

1. The attorney has communicated with the Plaintiff or with an employee of said Plaintiff and that they have personally reviewed the documents being submitted and confirmed their accuracy;

2. The name of said Plaintiff or Plaintiff’s employee, and title, shall be listed in said Certification.

3. That the Complaint, executed by the attorney, comports with the requirements of R.1:4-8(a).

In addition to the above, on and after December 20, 2010, A Certification of Diligent Inquiry must be annexed to any Notice of Motion for Judgment in residential mortgage foreclosure pursuant to R.4:64-2 and that said Certification must be submitted on all cases pending judgment or sale as of that date.

R.4:64-2(d) states that Plaintiff’s counsel shall annex to every motion to enter judgment in a residential mortgage foreclosure action, an affidavit of diligent inquiry stating (1) that the attorney has communicated with an employee of plaintiff, or the plaintiff who (A) personally reviewed the documents being submitted and (B) confirmed their accuracy; (2) the name, title and responsibility of the affiant with whom the attorney communicated and that (3) the documents comport with the requirements of R.1:4-8(a).

Dorothy Secol, CLA has been providing assistance in residential, commercial and in rem mortgage foreclosure actions as well as tax sale certificate foreclosures for over 30 years. We are only a phone call away.

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