In recent years, foreclosure practice has become very messy in the courts. With mortgage lenders assigning loans frequently in large portfolios, their documentation was not always up to par. This has been widely reported in the news. The issue sometimes arises in connection with the defense of lack of standing which has become known as the “show me the note” defense. Foreclosure defendants/homeowners made many complaints about the condition of proof being offered on behalf of foreclosing mortgagees. As a result, in October 2010, an affirmation rule was passed that required plaintiffs’ lawyers to submit an affirmation attesting to the integrity of the papers they file. This put an enormous burden on the lawyers representing lenders and was designed to protect homeowners.

A recent decision in the Suffolk County Supreme Court has not only refused to apply this rule but held that the Office of Court administration did not have the power to create it. It remains to be seen whether the Appellate Division will reverse this or what the other Supreme Court justices will do. Here is an article from the New York Law Journal discussing this: Read more

Many clients come to me after being denied for a loan mod that they attempted to handle themselves. Lenders don’t always behave well during this process. Read more