- MORTGAGE FORECLOSURE REVIEW From the Bench Honorable Paul Innes, P.J.Ch. (Trenton) Honorable Anne McDonnell, P.J.Ch. (Woodbury) Honorable Arnold L. Natali, Jr., P.J.Ch. (New Brunswick) From the Bar Brian F. Kerins, Esq. Garden State Legal Services Corporation (Lawrenceville) Shari Seffer, Esq. McCalla Raymer Leibert Pierce, LLC (Iselin)
Table of Contents Page Acknowledgment of Myron Weinstein, Esq. 1 Mortgage Basics 3 Definitions; Introduction and Basics; Priorities Office of Foreclosure 3 Fair Foreclosure Act 25 Fair Debt Collection Practices Act 58 Related Practice 65 Default, Acceleration; Accrual of Right to Foreclose; Joinder of Claims and Parties 82 Condominium Association Lien Foreclosures; Homeowners Association Liens 125 Commencement of Action; Service of Process; Answers 130 Procedure for Judgment; Writs Execution/Possession; Post-Judgment Advances; Environmental 203 Foreclosure Sale; Sheriff s Practice 260 Post-Sale Redemption 287 Title of Purchaser After Delivery of Deed; Possession; Eviction 299 Surplus Moneys 307 Strict Mortgage Foreclosure; Optional Procedure 309 Deficiency Actions; Actions on the Note 326 Vacant and Abandoned Properties 334 Property Legal Description / Metes and Bounds Description 352 Amount Due Schedule 353 Verification Count I and Proof of Amount Due Schedule 355 Verification Count III 358 Order to Show Cause Summary Vacant & Abandoned Residential Mortgage Foreclosure Action 359 Motion to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure Action 364 Abandoned Residential Mortgage Foreclosure 367 Abandoned Residential Mortgage Foreclosure 369 Abandoned Residential Mortgage Foreclosure Verification Count I and Proof of Amount Due Schedule 371 Order to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure 374 Order Denying Summary Foreclosure 377 Mortgage Foreclosure Judgment Vacant & Abandoned Residential Property 378 Write of Execution Vacant & Abandoned Residential Property 381
2018 Seminar Materials Sample Forms 383 Generic Motion Before the Office Foreclose Under Rule 1:34-6 384 Rule 4:64-2(d) Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions 385 1 Waiver of Rights Under the Act 386 2 Notice of Intention to Foreclose (Lender s Letterhead) 387 3 Complaint 392 4 Foreclosure Case Information Statement 400 5 Count in Complaint to Foreclose Security Interest 402 6 Count in Complaint for Reformation 403 7 Certification of Verification 404 7 Substitution of Attorney 405 8 Notice of Lis Pendens 406 8A Discharge of Notice of Lis Pendens 408 9 Consent to Amend to Complaint 410 10 Acknowledgment of Service by Individual Defendant to Be Annexed to Summons 411 11 Consent to Amend Complaint and Acknowledgment of Service 412 11A Order Allowing Filing Amended Complaint 413 12 Notice of Dismissal of Defendant 414 14 Stipulation of Dismissal 414 15 Summons 415 16 Notice in Lieu of Summons (to State of New Jersey) With Acknowledgment 417 17 Affidavit of Service (Private Process Server) 418 18 Acknowledgment of Service by Individual Defendant to Be Annexed to Summons 421 19 Certification of Inquiry (in Support of In-State Service by Mail) 422 20 Affidavit of Inquiry in Support of Out-of-State Mailed Service 423 21 Certification of Inquiry in Support of Service by Publication 424 22 Inquiry Letter 427 23 Certification of Service (By Mailing) 427 24 Notice to Absent Defendants (Publication) 428 25 Appearance by Defendant 431 26 Notice of Appearance, Consent to Judgment, and Waiver of Notices 431 27 Answer Not Disputing Right of Plaintiff (Uncontested) 432 28 Stipulation Extending Time to Answer 433 29 Order Extending Time to Answer 433 30 Summary Judgment as to Defendant and Returning the Action to the Office of Foreclosure 434 31 Order Striking Answer of Defendant and Retuning the Action to the Office of Foreclosure 435 32 Request to Enter Default and Certification of Default 436 33 Notice of Motion for Default 437 34 Certification in Support of Notice of Motion to Enter Default After 6 Months 438 35 Order Permitting Entry of Default Where Default Not Entered Within 6 Months 439 36 Certification of Mailing Filed Default 440
37 Order Vacating Default Entered by Clerk 441 38 Order Changing Venue 442 39 Order Correcting Legal Description 443 40 Order Substituting Name of Plaintiff 444 41 Notice of Motion to Substitute Plaintiff 445 42 Order Correcting Name of Defendant 446 43 Order Substituting Heirs, Devisees, and Personal Representatives 447 44 Order Appointing Attorney for Defendant in Military Service 447 45 Report of Attorney for Defendant in Military Service 448 46 Notice of Motion for Appointment of Guardian Ad Litem for Minor or Alleged Mentally Incapacitated Person and Certification of Service 449 47 Certification of Appointment of Guardian Ad Litem 450 47A Order Appointing Guardian Ad Litem 451 48 Proof of Mailing Order of Appointment 452 49 Answer by Guardian Ad Litem on Behalf of Minor or Alleged Incompetent 453 50 Report of Guardian Ad Litem for Minor or Alleged Incompetent 454 51 Notice by Defendant for Leave to Proceed (Abandonment Rule Rule 4:64-4) 455 52 Bankruptcy Certification (Relief from Stay) 456 53 Certification of Marital Status 457 53A Order Permitting Entry of Judgment Against Defendant Designated by Initials Rule 4:26-6 458 54 Certification in Support of Order Permitting Entry of Judgment Against Defendant Designated by Initials 458 55 Certification of Inability to Ascertain Defendant s First Name (or Name) 459 56 Certification of Notice to Defendants by Encumbrancer Seeking to Be Included in Final Judgment 461 57 Certification of Non-Military Service 462 58 Certification of Non-Military Service (No Department of Defense Statement Obtainable) 462 59 Certification of Search Fees 463 60 Proof of Amount Due Affidavit and Schedule 464 61 14 Day Notice of Entry of Judgment (Notice to Cure) 468 63 Notice of Motion for All Final Judgments to Answering or Appearing Parties, Mortgagors and Tenants 470 64 Certification of Mailing of 14 Day Notice 472 65 Certification of No Response 473 66 Certification of Mailing of 14 Day Notice and No Response (Combined) 474 67 Certification That 14 Day Notice is Not Required 475 68 Statement by Debtor 476 69 Combined Certification of Mailing of Various Foreclosure Documents and Non-Military Status 477 70 Notice of Cure 479 71 Order of Dismissal Without Prejudice (Where Cure Effected) 481 72 Final Judgment 482
73 Proof of Mailing (Copy of Judgment) 483 74 Consent to Judgment 485 75 Order Correcting Clerical Error in Final Judgment (Rule 1:13-1) 485 76 Warrant of Satisfaction (Judgment) 486 77 Writ of Execution 487 78 Assignment of Mortgage Foreclosure Judgment (and Note) 489 79 Writ of Possession (With Anti-Eviction Act Certification) 491 80 Order Directing Sheriff to Pay Additional Sums to Plaintiff 492 81 Certification in Support of Order Directing Sheriff to Pay Additional Sums to Plaintiff 493 81A Order Appointing Special Master to Sell 495 82 Order Vacating Judgment 495 83 Order Vacating Execution and Judgment, Reinstating Bond and Mortgage and Dismissing Proceedings 496 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 497 85 Proof of Mailing (Notice of Sale) 498 86 Concise Statement of Description (N.J.S.A. 2A:61-1) 499 87 Assignment of Bid at Sheriff s Sale 499 87A Motion for Hearing on Objections to Sale 500 88 Order Ratifying Sale Notwithstanding Defect, Irregularity, or Omission in Proceedings 501 89 Notice of Motion for Order to Pay Out Surplus Moneys (and Certification of Service) 501 90 Certification in Support of Application to Pay Out Surplus 503 91 Order to Pay Out Surplus Moneys 503 Optional Procedure Forms 505 92 Complaint Optional Procedure 505 93 Foreclosure Case Information Statement 514 94 Rescission language Deed in Lieu of Foreclosure 516 95 Notice of Rescission by Debtor After Deed in Lieu of Foreclosure 517 96 14 Day Notice Optional Procedure 518 97 Certification of Mailing of 14 Day Notice Optional Procedure 520 97A Certification of No Response Optional Procedure 520 98 Certification of Mailing of 14 Day Notice and No Response Optional Procedure (Combined) 521 99 Statement by Debtor 522 100 Certification of Election to Utilized Optional Remedy 523 101 Certification of Abandonment 524 102 Certification of Non-Rescission 526 103 Certification of No-Equity 527 104 Order Fixing the Amount, Time and Place for Redemption 528 105 Notice to Redeem 531 106 Request for a Public Sale 533
107 Certification of Mailing of Order Fixing the Amount, Time and Place for Redemption or Notice Thereof 535 108 Certification of Publication of Order Fixing the Amount, Time and Place for Redemption or Notice Thereof 536 109 Notice of Motion for All Final Judgments to Answering or Appearing Parties, Mortgagors and Tenants 537 110 Certificate of Redemption 539 111 Certificate of Non-Redemption 540 113 Judgment Optional Procedure 541 114 Proof of Mailing (Copy of Judgment) 542 115 Notice of Deposit of Excess Funds With the Superior Court of New Jersey (No-Equity Only) 544 116 Certification of Mailing of Notice of Deposit of Excess Funds With the Superior Court of New Jersey (No-Equity Only) 545 Verified Complaint Vacant & Abandoned Residential Property Mortgage Foreclosure 546 Property Legal Description / Metes and Bounds Description 559 Verification Count I and Proof of Amount Due Schedule 562 Verification Count III 565 Order to Show Cause, Summary Vacant & Abandoned Residential Mortgage Foreclosure Action 566 Motion to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure Action 571 Certificate in Support of Motion to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure Action 574 Certificate in Support of Motion to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure Action 576 Abandoned Residential Mortgage Foreclosure Verification Count I and Proof of Amount Due Schedule 578 Order to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure 581 Order Denying Summary Foreclosure 584 Mortgage Foreclosure Judgment Vacant & Abandoned Residential Property 585 Write of Execution Vacant & Abandoned Residential Property 588 Top Ten Motion Tips 591 Rules of Professional Conduct 1.4 and 1.5 593 Rules of Court 1:4-8 595 Somerset Trust Co. v. Sternberg 597 GMAC Mortgage, LLC v. Willoughby 603 Capital One, N.A. v. Peck 629 About the Panelists 639