Vermont and New Jersey recently enacted emergency amendments to each state’s foreclosure law that require a case plaintiff to more extensively validate and verify the accuracy of the foreclosure.
According to the Vermont amendment, a judgment of foreclosure may not be issued until the plaintiff’s counsel certifies “that counsel’s communication with a plaintiff’s representative, inspection of papers that have been filed, and other diligent inquiry have established the completeness and accuracy of all documents” supporting the foreclosure claim.
The amendment applies to all residential properties of four units or fewer.
According to the mortgage banking unit of the law firm Patton Boggs, New Jersey’s foreclosure is very similar, except it only applies uncontested foreclosures.
According to a report by Lender Processing Services, New Jersey has one of the highest percentages of delinquent loans in the country. The New Jersey Supreme Court ordered the nation’s largest lenders, including Bank of America and Ally Financial, to defend their foreclosure processes in the state.