Bulletin: NY000460

Date:
October 20, 2010
To:
All New York State Office Counsel, Managers and Agents
RE:
Attorney Affirmation-Required in Residential Foreclosure Actions

The following is posted on the New York State Unified Court system Website, EFFECTIVE IMMEDIATELY

Plaintiff's counsel in residential foreclosure actions are now required to file an Attorney Affirmation as follows:

  1. For new cases, the affirmation must accompany the Request for Judicial Intervention.

  2. In pending cases, the affirmation must be submitted with either the proposed order of reference or the proposed judgment of foreclosure.

  3. In cases where a foreclosure judgment has been entered but the property has not yet been sold at auction, the affirmation must be submitted to the referee, and a copy filed with the court, no later than five business days before the scheduled auction.

Counsel remains under a continuing obligation to file an amended version of the affirmation if new facts emerge after the initial filing.

A copy of the Attorney Affirmation is available at:
http://www.nycourts.gov/attorneys/foreclosures/Affirmation-Foreclosure.pdf

For more information go to:
http://www.nycourts.gov/attorneys/foreclosures.shtml

COMPLIANCE WITH THE COURT RULE IS REQUIRED IN ALL FORECLOSURES UP UNTIL SALE

For online viewing of this and other bulletins, log onto: www.stewartnewyork.com

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
NY000371 Purchase of New York "Subprime Home Loans"
 
NY000372 New Act Relating to Mortgage Foreclosures and Subprime Loans
 
NY000459 Insuring at or after Mortgage or Deed of Trust Foreclosure
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None