c MORTGAGE FORECLOSURE IN A NUTSHELL Brian F. Kerins, Esq. Garden State Legal Services Corporation (Lawrenceville) Shari Seffer, Esq. Buckley Madole, P.C. (Iselin)
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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 Practice 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 126 Commencement of Action; Service of Process; Answers 130 Procedure for Judgment; Writs Execution/Possession; Post-Judgment Advances; Environmental 204 Foreclosure Sale; Sheriff s Practice 261 Post-Sale Redemption 288 Title of Purchaser After Delivery of Deed; Possession; Eviction 300 Surplus Moneys 308 Strict Mortgage Foreclosure; Optional Procedure 310 Deficiency Actions; Actions on the Note 327 Vacant and Abandoned Properties 335 Property Legal Description / Metes and Bounds Description 353 Amount Due Schedule 355 Verification Count I and Proof of Amount Due Schedule 359 Verification Count III 362 Order to Show Cause Summary Vacant & Abandoned Residential Mortgage Foreclosure Action 363 Motion to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure Action 369 Certificate in Support of Motion to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure 373 Certificate in Support of Motion to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure 375 Certificate in Support of Motion to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure Verification Count I and Proof of Amount Due Schedule 377 Order to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure 381 Order Denying Summary Foreclosure 384 Mortgage Foreclosure Judgment Vacant & Abandoned Residential Property 385 Write of Execution Vacant & Abandoned Residential Property 389
Sample Forms 391 Generic Motion Before the Office Foreclose Under Rule 1:34-6 393 Rule 4:64-2(d) Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions 394 1 Waiver of Rights Under the Act 395 2 Notice of Intention to Foreclose (Lender s Letterhead) 397 3 Complaint 403 4 Foreclosure Case Information Statement 411 5 Count in Complaint to Foreclose Security Interest 413 6 Count in Complaint for Reformation 414 7 Certification of Verification 415 7A Substitution of Attorney 416 8 Notice of Lis Pendens 417 8A Discharge of Notice of Lis Pendens 419 9 Consent to Amend to Complaint 421 10 Acknowledgment of Service by Individual Defendant to Be Annexed to Summons 422 11 Consent to Amend Complaint and Acknowledgment of Service 423 11A Order Allowing Filing Amended Complaint 424 12 Notice of Dismissal of Defendant 425 14 Stipulation of Dismissal 425 15 Summons 427 16 Notice in Lieu of Summons (to State of New Jersey) With Acknowledgment 429 17 Affidavit of Service (Private Process Server) 431 18 Acknowledgment of Service by Individual Defendant to Be Annexed to Summons 433 19 Certification of Inquiry (in Support of In-State Service by Mail) 434 20 Affidavit of Inquiry in Support of Out-of-State Mailed Service 435 21 Certification of Inquiry in Support of Service by Publication 437 22 Inquiry Letter 440 23 Certification of Service (By Mailing) 441 24 Notice to Absent Defendants (Publication) 443 25 Appearance by Defendant 445 26 Notice of Appearance, Consent to Judgment, and Waiver of Notices 445 27 Answer Not Disputing Right of Plaintiff (Uncontested) 446 28 Stipulation Extending Time to Answer 447 29 Order Extending Time to Answer 447 30 Summary Judgment as to Defendant and Returning the Action to the Office of Foreclosure 448 31 Order Striking Answer of Defendant and Retuning the Action to the Office of Foreclosure 449 32 Request to Enter Default and Certification of Default 450 33 Notice of Motion for Default 451 34 Certification in Support of Notice of Motion to Enter Default After 6 Months 453 35 Order Permitting Entry of Default Where Default Not Entered Within 6 Months 454 36 Certification of Mailing Filed Default 455
37 Order Vacating Default Entered by Clerk 456 38 Order Changing Venue 457 39 Order Correcting Legal Description 458 40 Order Substituting Name of Plaintiff 459 41 Notice of Motion to Substitute Plaintiff 461 42 Order Correcting Name of Defendant 463 43 Order Substituting Heirs, Devisees, and Personal Representatives 464 44 Order Appointing Attorney for Defendant in Military Service 465 45 Report of Attorney for Defendant in Military Service 466 46 Notice of Motion for Appointment of Guardian Ad Litem for Minor or Alleged Mentally Incapacitated Person and Certification of Service 467 47 Certification of Appointment of Guardian Ad Litem 469 47A Order Appointing Guardian Ad Litem 470 48 Proof of Mailing Order of Appointment 471 49 Answer by Guardian Ad Litem on Behalf of Minor or Alleged Incompetent 472 50 Report of Guardian Ad Litem for Minor or Alleged Incompetent 473 51 Notice by Defendant for Leave to Proceed (Abandonment Rule Rule 4:64-4) 475 52 Bankruptcy Certification (Relief from Stay) 477 53 Certification of Marital Status 478 53A Order Permitting Entry of Judgment Against Defendant Designated by Initials Rule 4:26-6 479 54 Certification in Support of Order Permitting Entry of Judgment Against Defendant Designated by Initials 480 55 Certification of Inability to Ascertain Defendant s First Name (or Name) 481 56 Certification of Notice to Defendants by Encumbrancer Seeking to Be Included in Final Judgment 483 57 Certification of Non-Military Service 484 58 Certification of Non-Military Service (No Department of Defense Statement Obtainable) 485 59 Certification of Search Fees 486 60 Proof of Amount Due Affidavit and Schedule 487 61 14 Day Notice of Entry of Judgment (Notice to Cure) 491 63 Notice of Motion for All Final Judgments to Answering or Appearing Parties, Mortgagors and Tenants 493 64 Certification of Mailing of 14 Day Notice 495 65 Certification of No Response 496 66 Certification of Mailing of 14 Day Notice and No Response (Combined) 497 67 Certification That 14 Day Notice is Not Required 498 68 Statement by Debtor 499 69 Combined Certification of Mailing of Various Foreclosure Documents and Non-Military Status 501 70 Notice of Cure 504 71 Order of Dismissal Without Prejudice (Where Cure Effected) 505 72 Final Judgment 507
73 Proof of Mailing (Copy of Judgment) 509 74 Consent to Judgment 510 75 Order Correcting Clerical Error in Final Judgment (Rule 1:13-1) 511 76 Warrant of Satisfaction (Judgment) 513 77 Writ of Execution 515 78 Assignment of Mortgage Foreclosure Judgment (and Note) 518 79 Writ of Possession (With Anti-Eviction Act Certification) 519 80 Order Directing Sheriff to Pay Additional Sums to Plaintiff 521 81 Certification in Support of Order Directing Sheriff to Pay Additional Sums to Plaintiff 522 81A Order Appointing Special Master to Sell 523 82 Order Vacating Judgment 524 83 Order Vacating Execution and Judgment, Reinstating Bond and Mortgage and Dismissing Proceedings 525 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 526 85 Proof of Mailing (Notice of Sale) 527 86 Concise Statement of Description (N.J.S.A. 2A:61-1) 528 87 Assignment of Bid at Sheriff s Sale 529 87A Motion for Hearing on Objections to Sale 530 88 Order Ratifying Sale Notwithstanding Defect, Irregularity, or Omission in Proceedings 531 89 Notice of Motion for Order to Pay Out Surplus Moneys (and Certification of Service) 533 90 Certification in Support of Application to Pay Out Surplus 535 91 Order to Pay Out Surplus Moneys 536 Optional Procedure Forms 537 92 Complaint Optional Procedure 537 93 Foreclosure Case Information Statement 547 94 Rescission language Deed in Lieu of Foreclosure 549 95 Notice of Rescission by Debtor After Deed in Lieu of Foreclosure 550 96 14 Day Notice Optional Procedure 551 97 Certification of Mailing of 14 Day Notice Optional Procedure 553 97A Certification of No Response Optional Procedure 554 98 Certification of Mailing of 14 Day Notice and No Response Optional Procedure (Combined) 555 99 Statement by Debtor 556 100 Certification of Election to Utilized Optional Remedy 557 101 Certification of Abandonment 559 102 Certification of Non-Rescission 560 103 Certification of No-Equity 561 104 Order Fixing the Amount, Time and Place for Redemption 563 105 Notice to Redeem 567 106 Request for a Public Sale 569
107 Certification of Mailing of Order Fixing the Amount, Time and Place for Redemption or Notice Thereof 571 108 Certification of Publication of Order Fixing the Amount, Time and Place for Redemption or Notice Thereof 572 109 Notice of Motion for All Final Judgments to Answering or Appearing Parties, Mortgagors and Tenants 573 110 Certificate of Redemption 575 111 Certificate of Non-Redemption 576 113 Judgment Optional Procedure 577 114 Proof of Mailing (Copy of Judgment) 579 115 Notice of Deposit of Excess Funds With the Superior Court of New Jersey (No-Equity Only) 580 116 Certification of Mailing of Notice of Deposit of Excess Funds With the Superior Court of New Jersey (No-Equity Only) 581 Verified Complaint Vacant & Abandoned Residential Property Mortgage Foreclosure 582 About the Panelists 595