3October 31, 2007, two weeks after the filing of the foreclosurecomplaint on October 18, 2007.
After receiving the supplemental affidavit, the motionjudge struck defendants' answer and permitted the foreclosurematter to proceed by default. Thereafter, a judgment wasentered, and this appeal followed.
On appeal, defendants assert that plaintiff's affidavitregarding the assignment was hearsay and violates the Best
The assignment was executed by an individual identified asLaura Hescott who signed the assignment as an assistant vice-president of Washington Mutual Bank. Ms. Hescott has beenidentified as an employee of Lender Processing Services, Inc.("LPS"), a servicer of default mortgages. The bona fides of thepractices of this service provider have been the subject ofincreased judicial scrutiny. See, e.g., In re Taylor, 407 B.R.618, 623 (Bankr. E.D. Pa. 2009).The Supreme Court has recognized that "[s]erious questionshave surfaced about the accuracy of documents submitted tocourts by lenders and service-providers in support offoreclosure requests." Administrative order 01-2010, 202N.J.L.J. 1110 (December 27, 2010). The practice of signing andfiling documents without any personal knowledge of theinformation, also known as "robo-signing," implicates the"overriding concern about the integrity of the judicialprocess." Id. at 1111. The order provides that "lenders andservice providers who have filed more than 200 residentialforeclosure actions in 2010 are required, within 45 days, todemonstrate the reliability and accuracy of documents and othersubmissions to the court in foreclosure proceedings." Ibid. Onremand, to the extent the order is applicable to plaintiff,plaintiff shall comply with its terms.
Subsequent to the filing of the appeal, a notice of sheriff'ssale was published. The notice is not part of the record onappeal, and we have no further information regarding the statusof the property.