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.

 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.

Please contact either Heather Rogers, Esq. (585-760-8214, This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) or Rob Galbraith, Esq. (585-546-6448, This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) if you have any questions or would like to discuss this further.

New York Affirmation 

Affidavit of Plaintiff