Foreclosure filings in various courts around the nation have a variety of defects, including the failure of attorneysto review documents, bogus notarized affidavits and the “robosignature” of piles of documents by lenders and their attorneys. New York judges have complained about rampant errors in legal filings by banks seeking to foreclose on record numbers of homeowners.

To address mounting national concern over the accuracy of residential mortgage foreclosure documents, the New York State court system in October 2010 required lawyers for lenders to file an affirmation that they have taken reasonable steps to verify the accuracy of papers they file. The new filing requirement is the first in the nation.

New York attorneys must now certify under the penalties of perjury that they have communicated with a representative of the lender and that they have personally reviewed all documents and records related to the case. After making this review and other diligent inquiry, they must attest that to the best of their knowledge information and belief, that the Summons and Complaint and all other documents filed are complete and accurate in all relevant respects.

New Yorkattorneys already have an obligation to ensure that the documents they present to the court are valid. Requiring lawyers to certify that all papers have been properly reviewed will hold them even more accountable .

New York is one of 23 states that requires judicial approval of foreclosures. The rule requiring a signed affirmation applies to both new cases and the 78,000 foreclosure actions already pending in New York courts. Lawyers handling pending foreclosure actions will need to go back to their clients and verify that all proper steps were followed, The form created by the court requires the lawyers to give the name of the bank employee who affirmed that the records were accurate and the date the conversation took place.