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October 21, 2010
NYS: Leads with Foreclosure Affirmation

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In what may be a national trend, on October 20, 2010 the court system of the State of New York directed that lender's lawyers must verify the accuracy of foreclosure papers filed with the court by signing an Affirmation.

The Affirmation provides this preamble:

During and after August 2010, numerous and widespread insufficiencies in foreclosure filings in various courts around the nation were reported by major mortgage lenders and other authorities. These insufficiencies include: failure of plaintiffs and their counsel to review documents and files to establish standing and other foreclosure requisites; filing of notarized affidavits which falsely attest to such review and to other critical facts in the foreclosure process; and "robosignature" of documents by parties and counsel. The wrongful filing and prosecution of foreclosure proceedings which are discovered to suffer from these defects may be cause for disciplinary and other sanctions upon participating counsel.

The Affirmation is available at the New York State Bar Association website or may be downloaded from our Library.

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Highlights
Under penalty of perjury lawyers for lenders must file an Affirmation that includes the following attestations:

1. I am an attorney at law duly licensed to practice in the state of New York and am affiliated with the Law Firm of __________________, the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings had herein.

2. On [date], I communicated with [name and title], a representative of Plaintiff, who informed me that he/she (a) has personally reviewed plaintiff's documents and records relating to this case; (b) has reviewed the Summons and Complaint, and all other papers filed in this matter in support of foreclosure; and (c) has confirmed both the factual accuracy of these court filings and the accuracy of the notarizations contained therein.

3. Based upon my communication with [person specified in �2], as well as upon my own inspection of the papers filed with the Court and other diligent inquiry, I certify that, to the best of my knowledge, information, and belief, the Summons and Complaint and all other documents filed in support of this action for foreclosure are complete and accurate in all relevant respects. I understand my continuing obligation to amend this Affirmation in light of newly discovered facts following its filing.

4. I understand that the Court will rely on this Affirmation in considering the application.
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State of New York, Unified Court System, Press Release, "New York Courts First in Country to Institute Filing Requirement to Preserve Integrity of Foreclosure Process" October 20, 2010

Affirmation (Verification of Foreclosure Papers) October 20, 2010

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