Washington Mutual Bank v. Phillip, 16359/08
Judge Rejects Foreclosure Filing Despite Compliance With New Rule on Lawyer Verification.
The jurat states that the verification was executed in the State of New York and the County of Suffolk [the home county of plaintiff’s counsel], but the notary public who took the signature is… a Florida notary public, not a New York notary public. Thus, the verification lacks merit and is a nullity…Even if the jurat properly stated that it was executed in the State of Florida and the County of Duval, where Jacksonville is located, the oath failed to have a certificate required by CPLR §2309 (c) for “oaths and affirmations taken without the state.
lennyesq 