Law Suits & Courts

SUPREME COURT OF NEW JERSEY

Posted on Friday, January 7, 2011


It is ORDERED that the attached amendments to Rules 1:5-6, 4:64-1 and 4:64-2 are adopted effective immediately. And,
It is FURTHER ORDERED that in all uncontested residential foreclosure cases pending entry of judgment as of December 20, 2010, (1) within 60 (sixty) days, plaintiff’s counsel shall file a certification, which shall be served on all defendants, stating (a) that the attorney has communicated with an employee or employees of the plaintiff who (i) personally reviewed the documents submitted to the court thus far and (ii) confirmed their accuracy; and (b) the name(s), title(s) and responsibilities in those titles of the plaintiff’s employee(s) with whom the attorney communicated; (2) plaintiff’s attorney shall also file a certification attesting that the complaint and all documents subsequently filed with the court comport with the requirements of Rule 1:4-8(a). And
It is FURTHER ORDERED that in all uncontested residential foreclosure cases in which judgment has been entered but no sale of the property has occurred as of December 20, 2010, (1) within 45 (forty-five) days, plaintiff’s counsel shall file a certification, which shall be served on all defendants, stating (a) that the attorney has communicated with an employee or employees of the plaintiff who (i) personally reviewed the documents submitted to the court thus far and (ii) confirmed their accuracy; and (b) the name(s), title(s) and responsibilities in those titles of the plaintiff’s employee(s) with whom the attorney communicated; (2) plaintiff’s attorney shall also file a certification attesting that the complaint and all documents subsequently filed with the court comport with the requirements of Rule 1:4-8(a).
For the Court,
/s/ Stuart Rabner
Chief Justice
Dated: December 20, 2010
[Corrected December 23, 2010]
1:5-6. Filing
(a) …no change.
(b) …no change.
(c) Nonconforming Papers. The clerk shall file all papers presented for filing and may notify the person filing if such papers do not conform to these rules, except that
(1) the paper shall be returned stamped “Received but not Filed (date)” if it is presented for filing unaccompanied by any of the following:
(A) the required filing fee; or
(B) a completed Case Information Statement as required by R. 4:5-1 in the form set forth in Appendices XII-B1 or XII-B2 to these rules; or
(C) in Family Part actions, the affidavit of insurance coverage required by R. 5:4-2(f), the Parents Education Program registration fee required by N.J.S.A. 2A:34-12.2, the Confidential Litigant Information Sheet as required by R. 5:4-2(g) in the form prescribed in Appendix XXIV, or the Affidavit or Certification of Notification of Complementary Dispute Resolution Alternatives as required by R. 5:4-2 (h) in the form prescribed in Appendix XXVII-A or XXVII-B of these rules; or
(D) the signature of an attorney permitted to practice law in this State pursuant to R. 1:21-1 or the signature of a party appearing pro se, provided, however, that a pro se appearance is provided for by these rules; or
(E) a certification of title search as required by R. 4:64-1(a)(1) and the certifications of diligent inquiry and of accuracy as required by R. 4:64-1(a)(2) and (3).
If a paper is returned under this rule, it shall be accompanied by a notice advising that if the paper is retransmitted together with the required signature, document or fee, as appropriate, within ten days after the date of the clerk's notice, filing will be deemed to have been made on the stamped receipt date.
(2) if an answer is presented by a defendant against whom default has been entered other than in a mortgage or tax foreclosure action, the clerk shall return the same stamped "Received but not Filed (date)" with notice that the defendant may move to vacate the default.
(3) a demand for trial de novo may be rejected and returned if not filed within the time prescribed in R. 4:21A-6 or if it is submitted for filing by a party in default or whose answer has been suppressed.
(4) a paper shall be returned stamped “Received but not Filed (date)” if it does not conform to the requirements of R. 1:4-9 with notice that if the document is retransmitted on conforming paper within 10 days after the date of the clerk’s notice, filing will be deemed to have been made on the stamped receipt date.
(d) …no change.
(e) …no change.
Note: Source — R.R. 1:7-11, 1:12-3(b), 2:10, 3:11-4(d), 4:5-5(a), 4:5-6(a) (first and second sentence), 4:5-7 (first sentence), 5:5-1(a). Paragraphs (b) and (c) amended July 14, 1972 to be effective September 5, 1972; paragraph (c) amended November 27, 1974 to be effective April 1, 1975; paragraph (b) amended November 7, 1988 to be effective January 2, 1989; paragraph (b) amended June 29, 1990 to be effective September 4, 1990; paragraph (c) amended November 26, 1990 to be effective April 1, 1991; paragraphs (b) and (c) amended, new text substituted for paragraph (d) and former paragraph (d) redesignated paragraph (e) July 13, 1994 to be effective September 1, 1994; paragraph (b)(1) amended, new paragraph (b)(2) adopted, paragraphs (b)(2), (3), (4), (5) and (6) redesignated paragraphs (b)(3), (4), (5), (6) and (7), and newly designated paragraph (b)(4) amended July 13, 1994 to be effective January 1, 1995; paragraphs (b)(1),(3) and (4) amended June 28, 1996 to be effective September 1, 1996; paragraph (b)(4) amended July 10, 1998 to be effective September 1, 1998; paragraph (c) amended July 5, 2000 to be effective September 5, 2000; paragraphs (c)(1) and (c)(3) amended July 28, 2004 to be effective September 1, 2004; subparagraph (c)(1)(E) adopted, paragraphs (c)(2) and (c)(3) amended, and paragraph (c)(4) adopted July 27, 2006 to be effective September 1, 2006; paragraph (b) amended June 15, 2007 to be effective September 1, 2007; subparagraph (c)(1)(C) amended July 16, 2009 to be effective September 1, 2009; subparagraph (c)(1)(E) amended December 20, 2010 to be effective immediately.
4:64-1. [Uncontested Judgment: Foreclosures] Foreclosure Complaint, Uncontested Judgment Other Than In Rem Tax Foreclosures
(a) Title Search; Certifications.
(1) Prior to filing an action to foreclose a mortgage, a condominium lien, or a tax lien to which R. 4:64-7 does not apply, the plaintiff shall receive and review a title search of the public record for the purpose of identifying any lienholder or other persons and entities with an interest in the property that is subject to foreclosure and shall annex to the complaint a certification of compliance with the title search requirements of this rule.
(2) In all residential foreclosure actions, plaintiff’s attorney shall annex to the complaint a certification of diligent inquiry stating
(A) that the attorney has communicated with an employee or employees of the plaintiff who (i) personally reviewed the documents being submitted and (ii) confirmed their accuracy; and
(B) the name(s), title(s) and responsibilities in those titles of the plaintiff’s employee(s) with whom the attorney communicated pursuant to paragraph (2)(A) of this rule.
(3) Plaintiff’s attorney shall also annex to the complaint a certification, executed by the attorney, attesting that the complaint and all documents annexed thereto comport with the requirements of R. 1:4-8(a).
(b) …no change.
(c) …no change.
(d) …no change.
(e) …no change.
(f) …no change.
(g) …no change.
(h) …no change.
(i) …no change.
Note: Source — R.R. 4:82-1, 4:82-2. Paragraph (b) amended July 14, 1972 to be effective September 5, 1972; paragraphs (a) and (b) amended November 27, 1974 to be effective April 1, 1975; paragraph (a) amended July 16, 1979 to be effective September 10, 1979; paragraph (c) adopted November 1, 1985 to be effective January 2, 1986; caption amended, paragraphs (a) and (b) caption and text amended, former paragraph (c) redesignated paragraph (e), and paragraphs (c), (d) and (f) adopted November 7, 1988 to be effective January 2, 1989; paragraphs (b) and (c) amended and paragraph (g) adopted July 14, 1992 to be effective September 1, 1992; paragraphs (e) and (f) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended July 5, 2000 to be effective September 5, 2000; paragraph (f) caption and text amended July 12, 2002 to be effective September 3, 2002; new paragraphs (a) and (b) adopted, and former paragraphs (a), (b), (c), (d), (e), (f), and (g) redesignated as paragraphs (c), (d), (e), (f), (g), (h), and (i) July 27, 2006 to be effective September 1, 2006; paragraph (b) caption and text amended September 11, 2006 to be effective immediately; paragraphs (d) and (f) amended October 10, 2006 to be effective immediately; paragraph (d) amended July 9, 2008 to be effective September 1, 2008; text of paragraph (d) deleted, new subparagraphs (d)(1) and (d)(2) captions and text adopted, and paragraph (f) amended July 23, 2010 to be effective September 1, 2010; caption amended, paragraph (a) caption amended, text of former paragraph (a) renumbered as subparagraph (a)(1), and new subparagraphs (a)(2) and (a)(3) added December 20, 2010 to be effective immediately.
4:64-2. Proof; Affidavit
(a) …no change.
(b) …no change.
(c) …no change.
(d) Affidavit. 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 or employees of the plaintiff who (A) personally reviewed the documents being submitted and (B) confirmed their accuracy; (2) the name(s), title(s) and responsibilities in those titles of the plaintiff’s employee(s) with whom the attorney communicated pursuant to this rule; and (3) that the documents comport with the requirements of R.1:4-8(a).
Note: Source — R.R. 4:82-3. Caption amended and paragraph (b) deleted July 7, 1971 to be effective September 13, 1971; amended November 27, 1974 to be effective April 1, 1975; amended November 7, 1988 to be effective January 2, 1989; amended July 13, 1994 to be effective September 1, 1994; text amended and designated as paragraph (a), paragraph (a) caption adopted, new paragraphs (b) and (c) adopted July 9, 2008 to be effective September 1, 2008; caption amended and new paragraph (d) added December 20, 2010 to be effective immediately.


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