Rule 4:64-2.Proof; Certification or Affidavit

Last amended May 1, 2019 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:64-2 requires a foreclosure plaintiff to support the amount claimed due with a detailed affidavit or certification -- backed by the original loan documents or certified copies, made by someone with personal knowledge of the business records, and confirmed through the attorney's own diligent-inquiry affidavit.

Full Text of Rule 4:64-2

Text sizeJump to: (a) (b) (c) (d)

(a) Supporting Instruments. Proof required by R. 4:64-1 may be submitted by affidavit or certification, unless the court otherwise requires. The moving party shall produce the original mortgage, evidence of indebtedness, assignments, claim of lien (N.J.S.A. 46:8B-21), and any other original document upon which the claim is based. In lieu of an original document, the moving party may produce a legible copy of a recorded or filed document, certified as a true copy by the recording or filing officer or by a New Jersey attorney, or a copy of an original document, if unfiled or unrecorded, certified as a true copy by a New Jersey attorney.

(b) Contents of Proof of Amount Due. If the action is uncontested, the plaintiff shall file with the Office of Foreclosure an affidavit of amount due, which shall have annexed a schedule as set forth in Appendix XII-J of these rules. The schedule shall state the principal due as of the date of default; advances authorized by the note or mortgage for taxes, hazard insurance and other stated purposes; late charges, if authorized by the note or mortgage, accrued to the date of the filing of the complaint; a computation of accrued interest; a statement of the per diem interest accruing from the date of the affidavit; and credit for any payments, credits, escrow balance or other amounts due the debtor. Prejudgment interest, if demanded in the complaint, shall be calculated on rate of interest provided by the instrument of indebtedness. A default rate of interest, if demanded in the complaint and if reasonable, may be used to calculate prejudgment interest from the date of default to the judgment. The schedule shall include notice that there may be surplus money and the procedure for claiming it. The proof of amount due affidavit may be supported by computer-generated entries.

(c) Signatory. The affidavit or certification shall be made either by an employee of the plaintiff, if the plaintiff services the mortgage, on the affiant’s knowledge of the plaintiff’s business records kept in the regular course of business, or by an employee of the plaintiff’s mortgage loan servicer, on the affiant’s knowledge of the mortgage loan servicer’s business records kept in the regular course of business. In the affidavit or certification, the affiant shall confirm:

(1) that he or she is authorized to make the affidavit on behalf of the plaintiff or the plaintiff’s mortgage loan servicer;

(2) that the affidavit is made based on a personal review of business records of the plaintiff or the plaintiff’s mortgage loan servicer, which records are maintained in the regular course of business;

(3) that the financial information contained in the affidavit is accurate; and

(4) that the default remains uncured. The affidavit or certification shall also include the name, title, and responsibilities of the individual, and the name of his or her employer. If the employer is not the named plaintiff in the action, the affidavit or certification shall provide a description of the relationship between the plaintiff and the employer.

(d) Affidavit. Plaintiff’s counsel shall annex to every motion to enter judgment in a residential mortgage foreclosure action an affidavit of diligent inquiry stating: (1) that the attorney has communicated with an employee or employees of the plaintiff or of the plaintiff’s mortgage loan servicer who (A) personally reviewed the affidavit of amount due and the original or true copy of the note, mortgage and recorded assignments, if any, being submitted and (B) confirmed their accuracy; (2) the date and mode of communication employed; (3) the name(s), title(s) and responsibilities in those titles of the plaintiff’s employee(s) or the employee(s) of the plaintiff’s mortgage loan servicer with whom the attorney communicated pursuant to this rule; and (4) that the aforesaid documents comport with the requirements of R.1:4-8(a).

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source - R.R. 4:82-3. Caption amended and paragraph (b) deleted July 7, 1971 to be effective September 13, 1971; amended November 27, 1974 to be effective April 1, 1975; amended November 7, 1988 to be effective January 2, 1989; amended July 13, 1994 to be effective September 1, 1994; text; amended and designated as paragraph (a), paragraph (a) caption adopted, new paragraphs (b) and (c) adopted July 9, 2008 to be effective September 1, 2008; caption; amended and new paragraph (d) added December 20, 2010 to be effective immediately; paragraphs (c) and (d); amended June 9, 2011 to be effective immediately; paragraph (c); amended July 22, 2014 to be effective September 1, 2014; caption; amended, paragraph (a); amended, paragraph (c) caption and text; amended April 30, 2019 to be effective May 1, 2019.

Plain-English Summary

Proving what's owed in a foreclosure takes more than a bare number. The plaintiff produces the original mortgage, the debt instrument, any assignments, and the lien claim — or certified copies if the originals aren't available — and files an affidavit of amount due with a detailed schedule covering the principal at default, authorized advances, late charges, accrued and per diem interest, and any credits, along with notice that there may be surplus money and how to claim it.

That affidavit has to come from someone at the plaintiff or its mortgage loan servicer with personal knowledge of the relevant business records, who confirms both the authority to make it and that the default remains uncured. And the plaintiff's attorney has to independently back it up: an affidavit of diligent inquiry confirming that the attorney personally communicated with someone at the plaintiff or servicer who reviewed the amount-due affidavit and the loan documents and confirmed their accuracy.

Frequently Asked Questions

What documents support a foreclosure plaintiff's claimed amount due?

The original mortgage, evidence of the debt, any assignments, and the lien claim, or certified copies of each, along with a detailed affidavit of amount due.

Who must sign the affidavit of amount due?

An employee of the plaintiff, if the plaintiff services the mortgage, or an employee of the plaintiff's mortgage loan servicer, each with personal knowledge of the relevant business records.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:64-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: affidavit of amount duecertification of diligent inquiry