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Attorney Affirmation (Foreclosure) Form. This is a New York form and can be use in Miscellaneous Statewide.
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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
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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:
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