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N.J. Rule 4:64-1(a)(2). Plaintiffs attorney Received and Reviewed

N.J. Rule 4:64-1(a)(2). Plaintiff's attorney...
N.J. Rule 4:64-1(a)(2). Plaintiff's attorney Received and Reviewed a title search in a foreclosure action. Certification attached. Is their a time limit for this certification and can it be reused for an amended complaint ?
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7/5/2013
socrateaser
socrateaser, Lawyer
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This is from US Bank Nat. Ass'n v. Guillaume, 209 N.J. 449, 38 A.3d 570 (2012), fn. 7:

  • Pursuant to 2010 and 2011 amendments to Rules 4:64-1 and 4:64-2, before filing a foreclosure action, an attorney for a foreclosure plaintiff is required to execute a Certification of Diligent Inquiry (CODI) confirming that the attorney has communicated with an employee of the plaintiff or its loan servicer and confirmed the accuracy of the Note and other foreclosure documents. Pressler & Verniero, supra, comment 1 on R. 4:64-1 and comment 1 on R. 4:64-2. Attorneys are required to certify that they have confirmed with the plaintiff or its servicer the plaintiff's compliance "with the pre-filing notice requirements of the FFA." R. 4:64-1(b)(13). US Bank and Amicus New Jersey Foreclosure Attorneys argue that by virtue of these amendments and the Appellate Division's holding in Laks, attorneys for foreclosure plaintiffs are not in a position to prepare the required CODI because of uncertainty about potential changes in judicial construction of the FFA's notice requirements. While the CODI requirement is not before the Court, we note that Rule 4:64-1 and Rule 4:64-2 are not intended to impose upon foreclosure attorneys duties that are not imposed upon other attorneys filing pleadings in conformance with Rule 1:4-8(a). The affidavit or certification of diligent inquiry required by Rule 4:64-1 and Rule 4:64-2 reflects the attorney's reasonable, good faith compliance with the law, as it exists at the time of the document's execution. [emphasis added]

There is no time limit on the use of the certification. If it can be shown that the certification is no longer accurate at the time of its subsequent use, that would mean that the attorney's certification is a misrepresentation of the court, and an opposing party could seek sanctions from the court, as well as to have the certification struck from the pleading.

 

Hope this helps.

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