2A:50-56.4 Certification of diligent inquiry.
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/nj/title-2a/chapter-50/2a-50-56-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. a. 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 or of the plaintiff's mortgage loan servicer who:
(a)personally reviewed the complaint and confirmed the accuracy of its content, based on business records kept in the regular course of business by the plaintiff or the plaintiff's mortgage loan servicer, and who, if employed by the plaintiff's mortgage loan servicer, identified the relationship between the mortgage loan servicer and the plaintiff; and
(b)confirmed the authority of the mortgage loan servicer to act on behalf of the plaintiff;
(2)the names and titles, and the responsibilities in those titles, of the plaintiff's or plaintiff's mortgage loan servicer's employees with whom the attorney communicated pursuant to paragraph
(1)of this section and the date and mode of communication employed to contact them;
(3)that the attorney has reviewed the facts of the case and that, based on the information received pursuant to this section 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; and
(4)that the attorney is aware that the failure to comply with the provisions of this section may result in the penalties provided for in subsection b. of this section or, where the failure constitutes a violation of the Rules of Professional Conduct, may include sanctions imposed by the Supreme Court of New Jersey.
b. If the court finds that the plaintiff has failed to comply with the provisions of subsection a. of this section, the court may dismiss the complaint or deny the accrual of any costs, attorney's fees and other fees relating to the mortgage debt.
L. 2021, c.337.