(In)validity and (in)admissibility of out-of-state documents and affidavits: the CPLR 3212/2309(c) - RPL 299-a ‘Bermuda triangle’

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(In)validity and (in)admissibility of out-of-state documents and affidavits: the CPLR 3212/2309(c) – RPL 299-a ‘Bermuda triangle’

(In)validity and (in)admissibility of out-of-state documents and affidavits: the CPLR 3212/2309(c) – RPL 299-a ‘Bermuda triangle’

Isn’t this about 95% of all foreclosure cases? Hmm the other 5% in case a foreclosure mill has to make one ASAP in-house!


Listen up folks, this could be the start of a new storm!

Reuters-

You represent the plaintiff-assignee on motion for summary judgment  under Civil Practice Law and Rule 3212 in a commercial mortgage foreclosure action. Your “affirmation of regularity” is supported by a complaint verified in New Jersey.  The assignment was effected and acknowledged, in Pennsylvania, under a power of attorney notarized in California.  All documents – the power of attorney, the assignment of mortgage and the verification – were properly executed in the jurisdictions where they were signed. 

So “all of your [predicate legal] ducks are lined up.”  No heavy lifting here. File the motion and “judgment day” is near. (Sorry for the mixed metaphors.)  But wait a minute!!  None of the documents signed outside the state contain the so-called “certificate of conformity” required by CPLR 2309(c) and Real Property Law § 299-a.  Was the assignment of the mortgage effective? And is your evidence in admissible form? 

[REUTERS]

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  1. […] title clearing, Notary, NTC, out-of-state, Real Property Law § 299-a, Rule 3212 Important: This post earlier goes hand in hand with this Abigail’s story, must read both if you haven’t yet: […]


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