c MORTGAGE FORECLOSURE IN A NUTSHELL Brian F. Kerins, Esq. Garden State Legal Services Corporation (Lawrenceville) Shari Seffer, Esq. Buckley Madole, P.C. (Iselin) Kathryn Gilbertson Shabel, Esq. Office of Foreclosure, Administrative Office of the Courts (Trenton) S0595.16
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Table of Contents Page Acknowledgment of Myron Weinstein, Esq. 1 Chapter 1 Definitions; Introduction and Basics; Priorities Office of Foreclosure 3 Chapter 2 Fair Foreclosure Act 25 Chapter 3 Fair Debt Collection Practices Act 58 Chapter 4 Related Practice 65 Chapter 5 Default, Acceleration; Accrual of Right to Foreclose; Joinder of Claims and Parties 81 Chapter 6 Condominium Association Lien Foreclosures; Homeowners Association Liens 125 Chapter 7 Commencement of Action; Service of Process; Answers 130 Chapter 8 Procedure for Judgment; Writ Execution/Possession; Post-Judgment Advances; Environmental 203 Chapter 9 Foreclosure Sale; Sheriff s Practice 260 Chapter 10 Post-Sale Redemption 287 Chapter 11 Title of Purchaser After Delivery of Deed; Possession; Eviction 299 Chapter 12 Surplus Moneys 307 Chapter 13 Strict Mortgage Foreclosure; Optional Procedure 309 Chapter 14 Deficiency Actions; Actions on the Note 326 Chapter 15 Vacant and Abandoned Properties 334 Sample Forms Generic Motion Before the Office Foreclose Under Rule 1:34-6 385 Rule 4:64-2(d) Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions 386 1 Waiver of Rights Under the Act 387 2 Notice of Intention to Foreclose (Lender s Letterhead) 388 3 Complaint 393 4 Foreclosure Case Information Statement 401 5 Count in Complaint to Foreclose Security Interest 403 6 Count in Complaint for Reformation 404
7 Certification of Verification 405 7A Substitution of Attorney 406 8 Notice of Lis Pendens 407 8A Discharge of Notice of Lis Pendens 409 9 Consent to Amend to Complaint 411 10 Acknowledgment of Service by Individual Defendant to Be Annexed to Summons 412 11 Consent to Amend Complaint and Acknowledgment of Service 413 11A Order Allowing Filing Amended Complaint 414 12 Notice of Dismissal of Defendant 415 14 Stipulation of Dismissal 415 15 Summons 416 16 Notice in Lieu of Summons (to State of New Jersey) With Acknowledgment 418 17 Affidavit of Service (Private Process Server) 419 18 Acknowledgment of Service by Individual Defendant to Be Annexed to Summons 422 19 Certification of Inquiry (in Support of In-State Service by Mail) 423 20 Affidavit of Inquiry in Support of Out-of-State Mailed Service 424 21 Certification of Inquiry in Support of Service by Publication 425 22 Inquiry Letter 428 23 Certification of Service (By Mailing) 428 24 Notice to Absent Defendants (Publication) 429 25 Appearance by Defendant 432 26 Notice of Appearance, Consent to Judgment, and Waiver of Notices 432 27 Answer Not Disputing Right of Plaintiff (Uncontested) 433 28 Stipulation Extending Time to Answer 434 29 Order Extending Time to Answer 434 30 Summary Judgment as to Defendant and Returning the Action to the Office of Foreclosure 435 31 Order Striking Answer of Defendant and Retuning the Action to the Office of Foreclosure 436 32 Request to Enter Default and Certification of Default 437 33 Notice of Motion for Default 439 34 Certification in Support of Notice of Motion to Enter Default After 6 Months 440 35 Order Permitting Entry of Default Where Default Not Entered Within 6 Months 441 36 Certification of Mailing Filed Default 442 37 Order Vacating Default Entered by Clerk 443 38 Order Changing Venue 444 39 Order Correcting Legal Description 445 40 Order Substituting Name of Plaintiff 446 41 Notice of Motion to Substitute Plaintiff 447 42 Order Correcting Name of Defendant 448 43 Order Substituting Heirs, Devisees, and Personal Representatives 449 44 Order Appointing Attorney for Defendant in Military Service 449 45 Report of Attorney for Defendant in Military Service 450
46 Notice of Motion for Appointment of Guardian Ad Litem for Minor or Alleged Mentally Incapacitated Person and Certification of Service 451 47 Certification of Appointment of Guardian Ad Litem 452 47A Order Appointing Guardian Ad Litem 453 48 Proof of Mailing Order of Appointment 454 49 Answer by Guardian Ad Litem on Behalf of Minor or Alleged Incompetent 455 50 Report of Guardian Ad Litem for Minor or Alleged Incompetent 456 51 Notice by Defendant for Leave to Proceed (Abandonment Rule Rule 4:64-4) 457 52 Bankruptcy Certification (Relief from Stay) 458 53 Certification of Marital Status 458 53A Order Permitting Entry of Judgment Against Defendant Designated by Initials Rule 4:26-6 460 54 Certification in Support of Order Permitting Entry of Judgment Against Defendant Designated by Initials 460 55 Certification of Inability to Ascertain Defendant s First Name (or Name) 461 56 Certification of Notice to Defendants by Encumbrancer Seeking to Be Included in Final Judgment 463 57 Certification of Non-Military Service 464 58 Certification of Non-Military Service (No Department of Defense Statement Obtainable) 464 59 Certification of Search Fees 465 60 Amount Due Affidavit and Schedule 466 61 14 Day Notice of Entry of Judgment (Notice to Cure) 470 63 Notice of Motion for All Final Judgments to Answering or Appearing Parties, Mortgagors and Tenants 472 64 Certification of Mailing of 14 Day Notice 474 65 Certification of No Response 475 66 Certification of Mailing of 14 Day Notice and No Response (Combined) 476 67 Certification That 14 Day Notice is Not Required 477 68 Statement by Debtor 478 69 Combined Certification of Mailing of Various Foreclosure Documents and Non-Military Status 479 70 Notice of Cure 481 71 Order of Dismissal Without Prejudice (Where Cure Effected) 483 72 Final Judgment 484 73 Proof of Mailing (Copy of Judgment) 485 74 Consent to Judgment 487 75 Order Correcting Clerical Error in Final Judgment (Rule 1:13-1) 487 76 Warrant of Satisfaction (Judgment) 488 77 Writ of Execution 489 78 Assignment of Mortgage Foreclosure Judgment (and Note) 491 79 Writ of Possession (With Anti-Eviction Act Certification) 492 80 Order Directing Sheriff to Pay Additional Sums to Plaintiff 494 81 Certification in Support of Order Directing Sheriff to Pay Additional Sums to Plaintiff 495
81A Order Appointing Special Master to Sell 497 82 Order Vacating Judgment 497 83 Order Vacating Execution and Judgment, Reinstating Bond and Mortgage and Dismissing Proceedings 498 84 Order to Show Cause for Redemption of Mortgage After Sale, Setting Aside the Sale, Ordering That the Foreclosure Judgment Be Satisfied and Restraining the Sheriff from Delivering Deed 499 85 Proof of Mailing (Notice of Sale) 500 86 Concise Statement of Description (N.J.S.A. 2A:61-1) 501 87 Assignment of Bid at Sheriff s Sale 501 87A Motion for Hearing on Objections to Sale 502 88 Order Ratifying Sale Notwithstanding Defect, Irregularity, or Omission in Proceedings 503 89 Notice of Motion for Order to Pay Out Surplus Moneys (and Certification of Service) 503 90 Certification in Support of Application to Pay Out Surplus 504 91 Order to Pay Out Surplus Moneys 505 Optional Procedure Forms 92 Complaint Optional Procedure 507 93 Foreclosure Case Information Statement 516 94 Rescission language Deed in Lieu of Foreclosure 518 95 Notice of Rescission by Debtor After Deed in Lieu of Foreclosure 519 96 14 Day Notice Optional Procedure 520 97 Certification of Mailing of 14 Day Notice Optional Procedure 522 97A Certification of No Response Optional Procedure 522 98 Certification of Mailing of 14 Day Notice and No Response Optional Procedure (Combined) 523 99 Statement by Debtor 524 100 Certification of Election to Utilized Optional Remedy 525 101 Certification of Abandonment 526 102 Certification of Non-Rescission 528 103 Certification of No-Equity 529 104 Order Fixing the Amount, Time and Place for Redemption 530 105 Notice to Redeem 533 106 Request for a Public Sale 535 107 Certification of Mailing of Order Fixing the Amount, Time and Place for Redemption or Notice Thereof 537 108 Certification of Publication of Order Fixing the Amount, Time and Place for Redemption or Notice Thereof 538 109 Notice of Motion for All Final Judgments to Answering or Appearing Parties, Mortgagors and Tenants 539 110 Certificate of Redemption 541 111 Certificate of Non-Redemption 543 113 Judgment Optional Procedure 544 114 Proof of Mailing (Copy of Judgment) 545 115 Notice of Deposit of Excess Funds With the Superior Court of New Jersey (No-Equity Only) 547
116 Certification of Mailing of Notice of Deposit of Excess Funds With the Superior Court of New Jersey (No-Equity Only) 548 Verified Complaint Vacant & Abandoned Residential Property Mortgage Foreclosure 549 Two Stand-Alone Verifications for Count I and III That, If Used in Place of the Verifications in the Complaint, Must Be Attached to the Complaint When It is Filed 564 Civil Action Verification Count I and Proof of Amount Due Schedule 565 Civil Action Verification Count III 568 Civil Action Order to Show Cause Summary Vacant & Abandoned Residential Property Foreclosure 569 Model Pleadings to Convert a Plenary Foreclosure Action to a Summary Proceeding Pursuant to Rule 4:67-2 (b). 573 Civil Action Motion to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure Action 574 Civil Action Certificate in Support of Motion & Abandoned Residential Mortgage Foreclosure 577 Civil Action Certificate in Support of Motion to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure 579 Civil Action Certificate in Support of Motion to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure Verification Count I and Proof of Amount Due Schedule 581 Civil Action Order to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure 584 Civil Action Order Denying Summary Foreclosure (By the Court) 587 Civil Action Mortgage Foreclosure Judgment Vacant & Abandoned Residential Property 588 Civil Action Write of Execution Vacant & Abandoned Residential Property 591 U.S. Bank National Association v. Curcio 593 Specialized Loan Servicing, LLC, et al. v. Washington 599 About the Panelists 604