State Courts, & Cook County Sherriff Re Robo Signers

Several state courts, and the Cook County Sheriff, recently joined the "robosigner" affidavit fray, announcing new rules and requirements affecting foreclosures. Prominent examples include:




COOK COUNTY, ILLINOIS



Cook County Sheriff Thomas J. Dart announced he will not carry out any evictions involving three servicers most affected by the affidavit media blitz, until they can provide complete assurance that the foreclosure was done properly and legally.



Dart also sent notice to attorneys for the affected servicers that he wants them to provide an affidavit affirming any foreclosures they file in Cook County have been properly processed in accordance with Illinois law. Additionally, he is asking those servicers to provide the same affidavits for awaiting eviction orders.



A copy of the press release is available at:

http://www.cookcountysheriff.org/press_page/press_DartSuspendForclosures_10_19_2010.html





MARYLAND



The Maryland Court of Appeals adopted special rules regarding foreclosure proceedings in Maryland. The Rules changes “govern the courts of this State and all parties and their attorneys in all actions and proceedings, and shall take effect and apply to all actions commenced on or after October 20, 2010, and insofar as practicable to all actions then pending.”

A copy of the new Rules is available at: http://mdcourts.gov/rules/rodocs/ro166.pdf

In general, the Rules changes allow judges to screen affidavits filed in residential foreclosure cases, and if they have reason to believe that an affidavit may be invalid, enter an order directing the affiant, and where applicable, the notary, to appear before the court and establish that the affidavit is genuine, failing which the foreclosure action may be dismissed.

NEW YORK



Foreclosure attorneys in New York are now required to file affirmations in a specific form, as follows:

• For new cases, the affirmation must accompany the Request for Judicial Intervention

• In pending cases, the affirmation must be submitted with either the proposed order of reference or the proposed judgment of foreclosure

• In cases where a foreclosure judgment has been entered but the property has not yet been sold at auction, the affirmation must be submitted to the referee, and a copy filed with the court, no later than five business days before the scheduled auction.

Counsel remain under a continuing obligation to file an amended version of the affirmation if new facts emerge after the initial filing.

A copy of the Afirmation is available at: http://www.nycourts.gov/attorneys/foreclosures/Affirmation-Foreclosure.pdf