Problems With Foreclosure Affirmation Requirement

“Posted by Elliot S. Schlissel, Esq.”

Anne Reynolds Copps is the chairperson of the real property law section of the New York State Bar Association.  On behalf of members in her section, she has filed objections to the Office of Court Administration regarding new requirements for attorney affirmations for foreclosure proceedings.  She claims that the new affirmation requirements violates the attorney/client confidentiality privilege. She also feels that it unfairly blames New York attorneys for inappropriate practices that exist in other parts of the country.

The Office of Court Administration has recently made some minor changes requiring that attorneys must submit affirmations under penalty of perjury with regard to the truthfulness of documents that they file.
The letter Ms. Copps submitted to the Office of Court Administration questioned the preamble to the original affirmation which said “Numerous and wide spread insufficiencies in foreclosure filings in various courts around the nation.” Ms. Copps demanded that said preamble be removed.  She further stated “Mandating the inclusion of this preamble in the affirmation creates an unfair and prejudicial connection between any attorney who submits the documentation and the unidentified attorneys around the nations who have allegedly committed this specific wrongs.”

The courts are now insisting that attorneys report their communications with lender representatives and attest to the best of their knowledge and belief that the statements made in all applications related to foreclosure proceedings in the State of New York be true and correct.

In a related note, Steven P. Younger, the president of the New York State Bar Association, stated that the State Bar has not rendered an official position with regard to the new requirements attorneys must meet with regard to all applications in foreclosure proceedings.

Foreclosure Defense Lawyers

The new requirements in foreclosure proceedings relate to the widespread practices that have existed in the United States in foreclosure cases.  When appropriate, we counter sue the financial institution related to defective foreclosure lawsuits and predatory lending issues.  We defend our clients from all types of foreclosure proceedings.  We also help our clients obtain mortgage modifications.  We also advise our clients as to whether Chapter 7 or Chapter 13 bankruptcies would be the appropriate way to eliminate the foreclosure and save their home.  Should you have questions regarding foreclosure defense or bankruptcy, feel free to contact us 24/7 at 1-800-344-6431, 516-561-6645 or 718-350-2802.

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