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NJ A3154
Bill
Status
1/9/2024
Primary Sponsor
Cleopatra Tucker
Click for details
AI Summary
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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
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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
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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
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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
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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