what is an attorney affirmation in foreclosure

A foreclosure action cannot proceed unless an affirmation by plaintiff’s counsel is submitted attesting to the accuracy of the plaintiff’s documents. The purpose of the affirmation was to assure courts that all was truly in order and that goal seemed reachable if attorneys had to join in swearing to the bona fides of the plaintiff.

Full Answer

What happens if a home goes to foreclosure?

If your home goes to foreclosure sale, it will be sold to the highest bidder, who may be the lender or a third party. The foreclosure sale takes place at a public auction, usually at a county courthouse. Once payment is made, the winning bidder takes ownership of the property. Deficiency judgment.

How long does it take to get a deficiency judgment after foreclosure?

The lender only has 90 days after the foreclosure sale to seek the deficiency judgment. Eviction. If you do not voluntarily leave the house after the foreclosure sale, the new owner will need to commence a lawsuit to evict you if you do not leave willingly.

How to accelerate a mortgage?

Acceleration letter. Depending on the terms of your mortgage agreement, your lender may be required to send you a notice, or breach letter, letting you know your loan is in default and that the lender will accelerate the entire amount due on the mortgage (i.e. you will owe it all at once) if the default is not cured or fixed. The notice typically will state that you are in default, tell you how to cure the default, give you at least 30 days to cure or fix the default and tell you that failure to cure may result in foreclosure. The process in your case may vary, depending on the terms of your mortgage. Where the mortgage contains a requirement for a notice of default, it usually sets out what the notice must contain and how it must be sent. The mortgage may require the lender to say in the notice that if the breach is not cured by the deadline given, the lender may accelerate without further notice. However, the lender is usually not required to accelerate. If the lender does accelerate, it may do so by serving a notice or by including language of acceleration in the foreclosure complaint itself.

How long do you have to wait to file for foreclosure?

The pre-foreclosure process and foreclosure process involve a number of steps, including some or all of the following: 120-day waiting period. Before filing for foreclosure, the lender or loan servicer must wait until you are 120 days late in your payments.

What to do if you cannot come to an agreement at a mandatory settlement conference?

If you cannot come to an agreement at the mandatory settlement conference, the lender will most likely file a motion for summary judgment to try to win the case without a trial.

What is JFS in foreclosure?

The lender then has to make a second motion to confirm the referee’s report and enter a “judgment of foreclosure and sale” (JFS). This authorizes the referee to hold the auction. The JFS isn’t usually the end of the case. The referee holds the auction and reports back to the court.

How long does a foreclosure notice have to be sent in New York?

New York requires every lender foreclosing on a residential mortgage of an owner-occupied home to send a 90-day pre-foreclosure notice prior to commencing foreclosure. This notice must give you information about curing the default and also give you a list of government-approved counseling agencies to help you.