In cases where the previous version of the attorney affirmation has not yet been filed, plaintiff's counsel in residential foreclosure actions involving one-to-four family homes and condominiums are now required to file the revised affirmation 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.
In addition to the revised affirmation, counsel may also file a client affidavit, a sample of which can be found using the “Attorney Affirmation & Affidavit” link above.