Last updated: 10/1/2009
Certificate Of Readiness
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Description
Certificate of Readiness [Rev. 12-10-04] Case Caption______________________________________ Case Number_________________ _________________________________________________ I, having reviewed the above referenced case file, hereby certify each of the following 18 items: 1A. That I have compared the legal descriptions in the mortgage/complaint or cross-claim and the preliminary judicial report and both legal descriptions make sense (i.e. describe contiguous and connecting series of dimensions; identify the proper state city and county, etc.) AND both legal descriptions are substantially identical; OR The legal description in the mortgage is incorrect and I have asserted a count for reformation of the mortgage; OR The legal description in the preliminary judicial report is incorrect AND I have filed an endorsement correcting the error; OR (Applicable only in cases where at least one party has not answered movant's claims) I will file an endorsement correcting the error and present it at the default hearing. That I have reviewed the complaint or cross-claim and with regard to the promissory note and any loan modification there is a full legible copy of the promissory note and loan modification, if any, attached; OR The reason for the omission is stated in the pleading and I have filed a sufficient affidavit of lost note and lost loan modification, if any; OR (Applicable only in cases where at least one party has not answered movant's claims) The reason for the omission is stated in the pleading and I will file a sufficient affidavit of lost note and lost loan modification, if any, and will present it at the default hearing; OR 1B. 1C. 1D. 2A. 2B. 2C. 2D. My client's claim does not involve a promissory note. 3A. With regard to the interest rate of the promissory note, the note is a fixed rate note; OR 3B. The note is a variable rate note AND I have filed an up-to-date affidavit that details the interest rate changes during the relevant time period; OR American LegalNet, Inc. www.FormsWorkFlow.com 3C. 3D. 3E. (Applicable only in cases where at least one party has not answered movant's claims) I will file an up-to-date affidavit that details the interest rate changes during the relevant time period and present it at the default hearing; OR During the relevant time period, the note has been at its minimum rate and no affidavit is necessary; OR During the relevant time period, the interest rate has changed but my client seeks only the minimum rate and no affidavit is necessary; OR 3F. My client's claim does not involve a promissory note. 4A. With regard to the mortgage, there is a full recorded copy of the mortgage attached; OR 4B. (Applicable only in cases where at least one party has not answered movant's claims) There is an unrecorded copy of the mortgage attached and I will present a full recorded copy at the default hearing; OR 4C. 4D. There is an unrecorded copy of the mortgage attached and I have separately filed a full recorded copy of the mortgage, OR My client's claim does not involve a mortgage. 5A. With regard to the amount claimed to be due, the amount due that is pleaded in the complaint or cross-claim makes sense (i.e. the principal balance pleaded does not exceed the original principal balance; the principal balance pleaded reflects an appropriate decrease from the original principal balance of the loan if not a first payment default, etc.); OR 5B. 5C. I have filed an affidavit that explains the pleaded amount due; OR (Applicable only in cases where at least one party has not answered movant's claims) I will file an affidavit that explains the pleaded amount due and submit it at the default hearing. ______________________________________________________________________________ 6. With regard to the parties named in the complaint or cross-claim, I have joined all parties with an interest in the property of which I am aware. With regard to minor or incompetent parties, to the best of my knowledge none of the defendants in the case is a minor or incompetent; OR Any minor or incompetent party has answered movant's claims; OR A Guardian Ad Litem has been appointed for any minor or incompetent party. 2 7A. 7B. 7C. American LegalNet, Inc. www.FormsWorkFlow.com 8A. With regard to the party seeking judgment: 1. 2. 3. 4. That the party seeking judgment as named in the complaint or cross-claim is the holder of the note, holder of the loan modification, if any and the holder of record of the mortgage; AND Proof that the party seeking judgment is the current holder of the note is in the file; AND Proof that the party seeking judgment is the current record holder of the mortgage is in the file; AND Proof that the party seeking judgment is the current holder of the loan modification, if any, is in the file; OR 8B. (Applicable only in cases where at least one party has not answered movant's claims) Proof that the party seeking judgment is the current holder of the note, the current holder of the loan modification, if any, and the record holder of the mortgage will be submitted at the default hearing. OR I have filed a properly supported motion to substitute plaintiff/defendant; OR My claim does not involve a promissory note, loan modification, or mortgage. I have examined the judicial reports that have been prepared for this case and the preliminary judicial report: 1. Has been filed; AND 2. Has a proper monetary guaranty (i.e. at least for the first mortgage amount); AND 3. Has proper conveyance information (i.e. details the last transfer); AND 4. Lists debtors and creditors for each judgment lien; AND 5. Consistently and correctly identifies the permanent parcel number of the subject property; AND 6. Consistently and correctly identifies the address of the subject property; AND 7. Has been signed by an appropriate officer of the title company; OR I have filed an endorsement to the title work to correct any deficiencies; OR (Applicable only in cases where at least one party has not answered movant's claims) I will file an endorsement to the title work to correct any deficiencies and present it at the default hearing; 8C. 8D. 9A. 9B. 9C. 3 American LegalNet, Inc. www.FormsWorkFlow.com ______________________________________________________________________________ 10A. Any final judicial reports; 1. Have been filed; AND 2. Have a start date that matches the previous report's end date; AND 3. Cover the lis pendens date; AND 4. Have an effective date within six months of the date of the