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NEW YORK STATE UPDATE RE REQUIRED AFFIRMATION
Foreclosure

Client Update | Heather C.M. Rogers and Robert L. Galbraith, Jr. | December 1, 2010

As we previously notified you on October 20, 2010, we received notification from the Chief Administrative Judge for New York State, Ann Pfau, regarding the requirement for all foreclosure attorneys to sign and submit an additional Affirmation with pleadings during certain stages of the foreclosure action.

 THE AFFIRMATION HAS NOW BEEN AMENDED. A copy of this new form Affirmation is attached to this communication. The Office of Court Administration (“OCA”) has also added a suggested affidavit of the plaintiff to accompany the affirmation. A copy of that document is also attached hereto.

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NEW YORK STATE REQUIRED AFFIRMATION
Foreclosure

Client Update | Heather C.M. Rogers and Robert L. Galbraith, Jr. | October 20, 2010

Today, October 20, 2010, we received the attached notification and affirmation from the Chief Administrative Judge of all of New York State, Ann Pfau. In pertinent part, it states that effective immediately, plaintiff’s counsel shall submit the attached affirmation at one of several stages of the proceeding

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New York State Update re Settlement Negotiations
Foreclosure

Client Update | By Robert L. Galbraith, Jr. and Heather C.M. Rogers | May 4, 2010

On April 16, 2010, Suffolk County Judge, Jeffrey Arlen Spinner, issued an opinion in the matter of Emigrant Mortgage Co., Inc. v. Corcione, 2010 NY Slip Op 20133, regarding participation of Plaintiffs in Mandatory Settlement Conference.  This is the second opinion from Judge Spinner regarding a lender's "Bad Faith" in settlement negotiations.  (See Davidson Fink client update dated November 24, 2009.)

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NEW YORK STATE UPDATE RE FILING A 90 DAY PRE-FORECLOSURE NOTICE
Foreclosure

Client Update | Heather C.M. Rogers and Robert L. Galbraith, Jr. | February 10, 2010

As of February 10, 2010, the New York State Superintendent of Banks has set forth detailed directions for filing the 90-day pre-foreclosure notices with the New York State Banking Department. 

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NEW YORK STATE LEGISLATIVE UPDATE RE MANDATORY SETTLEMENT CONFERENCES, PRE-FORECLOSURE NOTICES & MORE
Foreclosure

Client Update | Heather C.M. Rogers and Robert L. Galbraith, Jr. | December 17, 2009

On December 15, 2009, New York Governor Patterson signed into law legislation intended to strengthen the foreclosure laws enacted in September, 2009.

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New York State Update re Mandatory Settlement Conferences
Foreclosure

Client Update | By Robert L. Galbraith, Jr. and Heather C.M. Rogers | November 24, 2009

On November 19, 2009, Suffolk County Judge, Jeffrey Arlen Spinner, J., issued an opinion, 2009 NY Slip Op 52333(U), which raises great concern with regard to participation of Plaintiffs in Mandatory Settlement Conferences.

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