(From N.J. Government Opposition)
The New Jersey Chief Justice Stuart Rabner recently announced a series of steps to protect the integrity of foreclosure filings in New Jersey.
Judge Mary C. Jacobson, who oversees foreclosure matters in New Jersey, signed an order directing six lenders and service providers who have been associated with irregularities within their foreclosure practices (many stemming from the recent robo-signing scandal) to demonstrate why uncontested foreclosure actions they have filed should not be suspended.
“Today’s actions are intended to provide greater confidence that the tens of thousands of residential foreclosure proceedings underway in New Jersey are based on reliable information. Nearly 95 percent of those cases are uncontested, despite evidence of flaws in the foreclosure process,” stated Rabner. “For judges to sign an order foreclosing on a person’s home, they must first be able to rely on the accuracy of documents submitted by lenders. That step is critical to the integrity of the judicial process.”
At the direction of the chief justice, an administrative order has been issued in which the mortgage servicer must show cause; lenders and servicers need to demonstrate there are no irregularities in their foreclosure proceedings; and a bank’s lawyer must certify that he or she spoke with the bank employee who signed the foreclosure documents and confirmed their accuracy.
Apparently, if these steps are not followed or documented, the New Jersey courts can refuse to proceed with the foreclosure process.
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