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NJ A3154

Bill

Status

Introduced

1/9/2024

Primary Sponsor

Cleopatra Tucker

Click for details

Origin

General Assembly

2024-2025 Regular Session

AI Summary

  • Borrowers with "high risk mortgages" (including interest-only, subprime, negative amortization, or high-cost loans) may request a six-month forbearance period after receiving a foreclosure summons, during which the lender must halt all foreclosure proceedings and freeze the interest rate

  • Borrowers must submit a written forbearance request within 30 days of receiving the foreclosure complaint, and during forbearance must participate in the Judiciary's Foreclosure Mediation Program or other mediation/settlement discussions

  • Attorneys filing foreclosure complaints must include a "certification of diligent inquiry" confirming they communicated with plaintiff employees who verified document accuracy, reviewed case facts, and attached the original promissory note with debt calculation methodology

  • Lenders must certify to the court that they own the mortgage and note, did not use "robo-signing" practices on documents, and must identify all parties with interests affected by the foreclosure

  • Courts must allow evidentiary hearings upon debtor request, admit only proper evidence, verify plaintiff ownership of the mortgage, and refuse to proceed if a foreign trust claiming note interest is not registered to do business in New Jersey

Legislative Description

Provides forbearance of residential mortgage foreclosures under certain circumstances; places additional requirements on attorneys, residential mortgage lenders, and courts, as part of foreclosure process.

Housing

Last Action

Introduced, Referred to Assembly Housing Committee

1/9/2024

Committee Referrals

Housing1/9/2024

Full Bill Text

No bill text available