72.05 Evidence for order

(1)   A motion or an application for an order for foreclosure, sale, and possession must be supported by affidavits providing all of the following evidence:

(a)     proof that the defendant or respondent has been notified in accordance with Rule 31 - Notice;

(b)     proof of the mortgage instrument;

(c)     a certificate of a lawyer abstracting the registered and recorded instruments affecting title to the mortgaged property starting with a warranty deed into the mortgagor or, if the conveyance to the mortgagor is not by warranty deed, the most recent deed or other conveyance to a predecessor in title of the mortgagor;

(d)     the evidence of the mortgagee, or an agent of the mortgagee, including that the grounds stated in the statement of claim or notice of application are true;

(e)     a statement of account and the evidence of the mortgagee, or agent of the mortgagee, that the statement is true;

(f)       a summary of the statement of account that accurately states the total of the charges and credits on the statement and shows a total that reconciles with the amount claimed.

(2)   The statement of account must establish, and show the calculation of, the amount of the mortgage debt, and it must include details of all payments made since the most recent of the following dates:

(a)     the date of the mortgage;

(b)     the date of the last renewal or assumption agreement;

(c)     the date of an agreement, or acknowledgement, signed by the mortgagor and any surety, settling, or acknowledging, the balance of the mortgage debt.

(3)   Notice of the proceeding must be given as provided by Rule 31 - Notice.

N.S. Gaz. Pt. 1, 02/10/2010