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On June 9, 2011 an Order was entered by the Chief Justice of the NJ Supreme Court revising Rules 4:64-1 and 4:64-2 to be effective immediately.  The court has also promulgated the new model forms of Certification of Diligent Inquiry to be annexed to the complaints, motions for judgments and to be submitted in actions pending since June 9, 2011.

Rule 4:64-1 has been amended to provide that plaintiff shall annex to the complaint a certification of diligent inquiry which confirms the attorney has communicated with an employee of the plaintiff or plaintiff's loan servicer who has 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 its servicer and which identifies the relationship between the servicer and the plaintiff and confirms the authority of the servicer to act on behalf of the plaintiff. The certification must also set forth the date of the communication and mode of communication employed by plaintiff's counsel.

Rule 4:64-2 which addresses the Certification of Amount Due, now requires that the certification is to be made by an employee of the plaintiff if it services its mortgage on the affiants personal knowledge of plaintiff’s business records kept in the regular course of business or by an employee of the servicer  and employees knowledge of the servicer’s business records kept in the regular course of business.  The Certification must further confirm that the employee is authorized to make the certification on behalf of the plaintiff or the servicer; that it is made based on a personal review of the business records kept in the regular course of business; that the financial information contained in the certification is accurate; and the default remains uncured.  The Certification must further include the name, title, and responsibilities of the signor as well as the name of the employer.  If the employer is not the plaintiff, the certification must provide a description of the relationship between the plaintiff and the employer.

The Rule further requires that plaintiff's counsel is to file a Certification of diligent inquiry that he has communicated with an employee of the plaintiff or its servicer who has reviewed the affidavit of amount due and the note, mortgage and recorded assignments and confirmed their accuracy, the certification is to set forth the date and mode of communication employed and the name, title and responsibility of the employee.

Per the Supreme Court's Order, the certification filed with the Motion for Judgment must be served on those parties required to be served with the notice of motion for judgment.

In all pending actions where judgment has been entered, but a sale has not been held as of June 9, 2011, prior to sale plaintiff's counsel must file a certification of diligent inquiry and serve it upon those parties who are required to be served with the motion for judgment.

The Court has promulgated the form of certifications which are to be annexed to the Complaint and the Motion for Judgment and for those pending actions where judgment has been entered but a sale not yet held. There is also now a prescribed form of Certification of Amount Due which is to be used when filing a Motion for Judgment.