New York’s largest foreclosure law firm is fighting to overturn a state court requirement that it and other firms submit an affirmation vouching for the accuracy of documents they file for lenders.
Supreme Court Justice Timothy J. Walker in Erie County (See Profile) held a hearing on Nov. 7 on a motion of Steven J. Baum P.C. in a foreclosure case arguing that the year-old rule announced by Chief Judge Jonathan Lippman and implemented by Chief Administrative Judge Ann Pfau (NYLJ, Oct. 21, 2010) violates the state Constitution.
The Baum firm’s motion is not the first to challenge the requirement. In LaSalle Bank v. Pace, 15822-2008, Supreme Court Justice Thomas F. Whelan (See Profile) in Suffolk County ruled the affirmation requirement was invalid (NYLJ, March 9). That decision is being appealed to the Appellate Division, Second Department.
The Baum firm acknowledged that its motion in Foster “closely follows the reasoning of Justice Whelan’s decision” in LaSalle.
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Read entire Andrew Keshner NYLJ article and analysis here (may require registration).
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