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  • NJ A3887
  • Requires certification of diligent inquiry in residential mortgage foreclosure actions to be filed by attorneys.
In Committee
Crossed Over
2016-2017 Regular Session
This bill supplements the "Fair Foreclosure Act," P.L.1995, c.244 (C.2A:50-53 et seq.) by codifying aspects of New Jersey Court Rule 4:64-1 regarding certifications of diligent inquiry. Specifically, the bill provides that, in addition to any other requirements under law, regulation or court rule, in all residential mortgage foreclosure actions, an attorney filing a foreclosure complaint shall include a certification of diligent inquiry. The certification of diligent inquiry shall certify: (1) that the attorney has communicated with an employee or employees of the plaintiff who: (a) personally reviewed the documents being submitted to support the complaint; and (b) confirmed the accuracy of the documents; (2) the names and titles, and the responsibilities in those titles, of the plaintiff's employees with whom the attorney communicated; (3) that the attorney has reviewed the facts of the case, and supporting documents, and 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 creditor entitled to enforce rights under the documents; and (4) that the attorney is aware that the failure to comply with the provisions of the bill may result in the penalties provided for in the bill or, where the failure constitutes a violation of the Rules of Professional Conduct, may include sanctions imposed by the Supreme Court of New Jersey. The bill also stipulates that the court may, if it finds that the plaintiff has failed to comply with the provisions of the bill, dismiss the complaint or deny the accrual of any interest, costs, attorney's fees and other fees relating to the mortgage debt.
Commerce, 2nd Reading in the Assembly, Passed Assembly
Senate Commerce Hearing (19:00 12/4/2017 )  (on 12/4/2017)
Date Chamber Action Description
12/4/2017 Senate Commerce Hearing (19:00 12/4/2017 )
6/29/2017 S Received in the Senate, Referred to Senate Commerce Committee
6/29/2017 A Passed by the Assembly (78-0-0)
9/8/2016 A Reported out of Assembly Committee, 2nd Reading
9/8/2016 Assembly Housing and Community Development Hearing (14:00 9/8/2016 Committee Room 9, 3rd Floor)
6/6/2016 A Introduced, Referred to Assembly Housing and Community Development Committee
Date Motion Yea Nay Other
Detail 6/29/2017 Assembly Floor: Third Reading - Final Passage 78 0 2
Detail 9/8/2016 Assembly Housing and Community Development Committee: Reported Favorably 5 0 1