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Wednesday, October 20, 2010

New York makes mortgage servicers provide foreclosure "affirmation" certificate

The new requirement in the New York courts is effective immediately and was created with the approval of the Presiding Justices of all four Judicial Departments.
"We cannot allow the courts in New York State to stand by idly and be party to what we now know is a deeply flawed process, especially when that process involves basic human needs – such as a family home – during this period of economic crisis," Lippman said in a statement released Wednesday.
Attorneys must attach the affirmation to the Request for Judicial Intervention for new cases. In pending cases, it must be submitted with either the proposed order of reference or the proposed judgment of foreclosure.
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