Attorney Affirmation (Foreclosure) Form. This is a New York form and can be use in Miscellaneous Statewide.
Tags: Attorney Affirmation (Foreclosure), New York Statewide, Miscellaneous
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ______________ _______________________________________________ Plaintiff, AFFIRMATION v. Index No.: ____________ Defendant(s) Mortgaged Premises: _____________________ ______________________________________________ N.B.: 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. *** [________________], Esq., pursuant to CPLR §2106 and under the penalties of perjury, affirms as follows: 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 the date of __________, 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 American LegalNet, Inc. www.FormsWorkFlow.com 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. ____________________________________ DATED: American LegalNet, Inc. www.FormsWorkFlow.com