Court System Orders Lawyers to Certify Accuracy of Foreclosure Papers

By Andrew Keshner, New York Law Journal.

Amid mounting national concern over the accuracy of court documents in foreclosure cases, the New York State court system today instituted a requirement that lawyers for lenders file an affirmation that they have taken reasonable steps to verify the accuracy of papers they file to support residential foreclosures.

“We feel we have an obligation to make sure the attorneys do their due diligence and come to us with credible papers because the consequences [of wrongful foreclosures] are so great,” Chief Judge Jonathan Lippman said in an interview, adding that the new filing requirement is the first in the nation. …

Attorneys must now certify, “under the penalties of perjury,” that they have communicated with a representative of the plaintiff bank or lender and that they have personally reviewed all documents and records related to the case.