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To deal with a systemic problem of lack of standing and robo-signing the New York Court System issued an administrative order requiring plaintiffs’ attorneys in foreclosure matters to sign an affidavit of due diligence attesting to the fact that they made efforts to determine that their client has the right and has standing to foreclose.- Under this Order it is the obligation of the Plaintiff to timely file a “Due Diligence Affidavit” at one of several stages of the foreclosure action.
- On October 20, 2010 the New York State Court System issued Administrative Order #548-10 later modified by a March 2, 2011 Administrative Order #431-11 requiring plaintiff’s counsel in a foreclosure action to submit a “Due Diligence Affidavit” which requires that the plaintiff’s attorneys attest that:.
- The attorney communicated with specifically named representatives of the plaintiff, who advised the attorney:
- That the representative had personally reviewed the documents and records for their factual accuracy and
- That the representative had confirmed the factual accuracy of the allegations set forth in the complaint and any supporting affirmations or affidavits filed with the court, and the “accuracy of the notarizations contained in the supporting documents filed therewith”;
- To the best of the attorney’s knowledge, information and belief, the summons, complaint and any documents filed or submitted to the court contain no false statements of fact or law.
- The attorney had a continuing obligation to amend the affirmation where there are newly discovered material facts after the filing.