Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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William A. Roper, Jr.
Regular MS Fraud Forum participant arkygirl previously has called our attention to the new requirement imposed by the New York Court of Appeals in mortgage foreclosure cases.  The Court now requires an affirmation from the attorney for the plaintiff in ALL foreclosure cases.

Despite the three prior threads, which are referenced below, I wanted to start a clean new thread both to post links to the primary documents and key news articles to date, but also to begin to post various orders showing the application of this new Rule within various New York Courts.

The guidance of the New York Court of Appeals is posted at this web page of the New York State Unified Court System:

http://www.courts.state.ny.us/attorneys/foreclosures/affirmation.shtml


The official copy of the attorney's affirmation is posted here:

http://www.courts.state.ny.us/attorneys/foreclosures/Affirmation-Foreclosure.pdf


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arkygirl's original post on this topic was within a separate somewhat unrelated thread:

"FBI Jumps In!!!" (10/20/10 at 12:52 PM) [arkygirl's post at 10/20/10 at 04:00 PM]
http://ssgoldstar.websitetoolbox.com/post?id=4936625

 

arkygirl followed up with these two threads:

"NY-Dubious signatures, missing, inaccurate paperwork halt 4,450 city foreclosures" (10/25/10 at 09:43 AM)
http://ssgoldstar.websitetoolbox.com/post?id=4943426


"How easy it is to slow down the foreclosure train..." (11/16/10 at 07:16 AM)
http://ssgoldstar.websitetoolbox.com/post?id=4973459

 

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I will add some other news links in the morning and then post some interesting NY State Supreme Court Orders relating to the affirmations.

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William A. Roper, Jr.
To the other primary materials relating to the new attorney affirmation requirement imposed by the New York State Courts, I want to add the original news release from the Court System:

"New York Courts First in Country to Institute Filing Requirement to Preserve Integrity of Foreclosure Process" (October 20, 2010)

http://www.courts.state.ny.us/press/pr2010_12.shtml 



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Derrick Richards

HI, I am interested in this attorney affirmation thing. How do you know if the attorney for the plaintiff, filed this affirmation or affidavit. I understand what would happen if they didn't, but if they did, it would look bad if they did file it and you used it for some sort of defense. Could someone please demonstrate how knowing if this was rendered to the court either at RJI or some other time, i.e. proving its existence, Thanks for helping, Derrick

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