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Published on Nov 14, 2010
This video, by Carl E. Person, an attorney defending foreclosure actions and commencing wrongful foreclosure actions, on a national basis, explains developments taking place in the New York courts during the past few weeks which may have the effect of stopping millions of residential foreclosures and forcing the banks or other lenders to enter into reasonable loan modification agreements (for lower monthly payments and reduced loan amount) with the homeowner borrowers. Attorneys are now being required by an Administrative Order issued by the Chief Administrative Judge of New York, with the approval of the Chief Judge of New York and the four Presiding Justices of the Appellate Divisions, to file affirmations (the equivalent of affidavits) in each foreclosure action still in the courts (and possibly in post-sale litigation such as eviction and wrongful foreclosure lawsuits) swearing that the bank and its attorneys have complied with the various NY statutes, rules and regulations required as to residential foreclosures. If the attorney doesn't sign and file the required affirmation, the foreclosure won't go forward. If the attorney commits perjury by swearing untruthfully in an affirmation, the attorney can be disbarred, fined or even put in jail. I, Carl Person, the creator of this video, 10 days earlier had urged similar action in a press release posted on my campaign website (in support of my 2010 candidacy for NYS Attorney General). I applaud what the NY Courts have done; hope that I did in fact have something to do with this (which was one of the purposes of my third-party candidacy, to raise issues and hope for adoption); and expect that many of the 22 other "judicial foreclosure states" will do likewise. I urge everyone to contact their legislators in the other 27 states and urge them to pass legislation requiring foreclosures to be approved by the courts, with a similar attorney affirmation requirement.