MOTION FOR SUMMER JUDGEMENT CHECKLIST

Case Number:
Hearing Date:
Case Number & Style Confirmed:
Certification of Residential Mortgage Foreclosure Case Status Filled On:
Checklist Completion Date:
Checklist Status:
Last Modified by:

Items to Review Reviewed Comments
* 1. COMPLAINT ?
Defendant (link to all defendant docs)
* Default ?
* Answer ?
* Dropped or Dismissed ?
No Default ?
* Non-Military Affidavit ?
* Individual Service of Process ?
* Substitute Service ?
* Service by Publication ?
* 2. MOTION FOR SUMMARY JUDGMENT (MSJ) ?
MSJ filed on:
Proper parties/attorneys & addresses on service lists ?
3. DOCUMENTS
Original Note
* Copy of Note ?
* Endorsements/Allonge ?
Payable to Plaintiff ?
Playable to Lender (not Plaintiff) ?
Endorsements
Payable to Bearer/Holder in due course ?
Lost Note
Count for Reestablishment in Complain ?
* Lost Note Affidavit (Dated & Notarized) ?
Mortgage
* Copy of Mortgage ?
* Assignments ?
Payable to Plaintiff ?
Payable to Lender (not Plaintiff) ?
Confirm property address and legal description ?
Plaintiff is proper mortgagee ?
4. AFFIDAVITS
* (a) Affidavit of indebtedness ?
Check unpaid principal balance ?
Check notice of default date in complaint ?
Compare default date listed on affidavit ?
Items to Review Reviewed Comments
Check figures & Interest (default thru FJ) ?
Make sure per diem interest is listed ?
Check property address ?
Check late fees (only pre-acceleration allowed) ?
Signed/Notarized by business record custodian ?
Business records supporting affidavit are attached ?
Confirm that all figures match FJ ?
* (b) Affidavit of Costs ?
Check against service, publication ?
Check filing fee ?
Check title fees ?
Check Mediation fee (if applicable) ?
Confirm affidavit notarization ?
Confirm that all figures match FJ ?
* (c) Affidavit of Attorney's Fees ?
Flat Attorney Fee or Hours/Fee listed ?
Confirm signature and notarization by attorney ?
Confirm that all figures match FJ ?
* (d) Affidavit as to Reasonableness of Attorney's Fee ?
Confirm that independent practitioner signed affidavit ?
Confirm signature and notarization by attorney ?
Confirm that attorney fees match in both affidavits (c) & (d) ?
5. HOMESTEAD ?
Complaint filed between 5/1/09 & 1/26/12 ?
* Mediator's Report filed ?
* Certificate of Compliance filed ?
Mediation not required ?
Complaint filed prior to 5/1/09 ?
Compliant filed on or after 1/27/12 ?
* 6. FINAL SUMMARY JUDGEMENT OF FORECLOSURE FORM ?
Confirm correct FJ form pursuant to AO CIV 11-B ?
Reestablishment sought - need language in FJ ?
Reformation sought - need language in FJ ?
* = upload document