|NEW YORK STATE UPDATE RE REQUIRED AFFIRMATION|
Client Update | Heather C.M. Rogers and Robert L. Galbraith, Jr. | December 1, 2010
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.
In order to comply with the requirement of OCA, one of your representatives will have to review all of your documents and records related to the file and all of the documentation of the foreclosure action (please advise how you would like us to deliver that information).
We believe that the Affidavit of the Plaintiff will become the norm in the State and be required by judges. In fact, some judges have already required that an Affidavit signed by the Plaintiff accompany the Attorney Affirmation. Therefore, in order to adequately protect all parties, we will require that the attached Affidavit be executed by a proper party in your company and the original returned to our office.