New York State Chief Judge Jonathan Lippman said that the state is instituting new filing requirements in order to ensure the integrity of the home foreclosure process, according to an article today at Metropolis at wsj.com by Chad Bray.
"Lawyers bringing foreclosure claims will now be required to file an affirmation that they themselves have taken reasonable steps to verify the accuracy of documents filed in support of residential foreclosures," the article said.
"We cannot allow the courts in New York State to stand by idly and be party to what we now know is a deeply flawed process, especially when that process involves basic human needs - such as a family home - during this period of economic crisis," the judge declared in a statement.
"The new filing requirement goes into effect immediately. In new cases, the affirmation must be filed along with the initial request for judicial intervention. In pending cases, it must accompany a request for judgment or must be submitted to the court referee if a judgment has been entered, but the property hasn't yet sold," the article said.
The move comes as the nation's attorneys general have recently raised questions about failures in the foreclosure review process, including so-called 'robo-signing' where mortgage-servicing employees allegedly signed affidavits without fully reviewing the underlying documents.
"Lawyers bringing foreclosure claims will now be required to file an affirmation that they themselves have taken reasonable steps to verify the accuracy of documents filed in support of residential foreclosures," the article said.
"We cannot allow the courts in New York State to stand by idly and be party to what we now know is a deeply flawed process, especially when that process involves basic human needs - such as a family home - during this period of economic crisis," the judge declared in a statement.
"The new filing requirement goes into effect immediately. In new cases, the affirmation must be filed along with the initial request for judicial intervention. In pending cases, it must accompany a request for judgment or must be submitted to the court referee if a judgment has been entered, but the property hasn't yet sold," the article said.
The move comes as the nation's attorneys general have recently raised questions about failures in the foreclosure review process, including so-called 'robo-signing' where mortgage-servicing employees allegedly signed affidavits without fully reviewing the underlying documents.
Architecture Critic
Carter Horsley
Since 1997, Carter B. Horsley has been the editorial director of CityRealty. He began his journalistic career at The New York Times in 1961 where he spent 26 years as a reporter specializing in real estate & architectural news. In 1987, he became the architecture critic and real estate editor of The New York Post.
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