New Jersey has long required that the attorney who files a foreclosure complaint must also file a Certification of Diligent Inquiry setting forth that the attorney has communicated with an employee of the Plaintiff (or the Plaintiff’s mortgage loan servicer), who has reviewed the complaint and supporting documents and confirmed their accuracy. Recent legislation has somewhat expanded the certification requirements. Specifically, the new statute (N.J.S.A. 2A: 50-56.4) provides that, in addition to any pre-existing requirements, the attorney filing a foreclosure complaint must certify:
- That the attorney has reviewed the facts of the case and that, based on the information received and the attorney’s review of the pertinent documents, to the best of the attorney’s knowledge, information and belief there is a reasonable basis for the commencement of the action and that the plaintiff is currently the residential mortgage lender entitled to enforce rights under those documents
- That the attorney is aware that failure to comply with the Certification of Diligent Inquiry requirement may result in (i) dismissal of the complaint; (ii) denial of the accrual of any costs, attorney’s fees and other fees relating to the mortgage debt; or (iii) where the failure constitutes a violation of the Rules of Professional Conduct, sanctions imposed by the Supreme Court of New Jersey
Stern & Eisenberg has updated its Certification of Diligent Inquiry in compliance with N.J.S.A. 2A: 50-56.4. We anticipate relatively little disruption to our clients’ processes as a result of this new statute.