Saturday, January 3, 2015

New York appeals court clarifies law on out-of-state affidavits

Published Nov. 1, 2014
Author:  BuckleySandler LLP

Why is this news? This New York Appellate Court decision uphead an affidavit involved in a foreclosure.  The jurat was executed by an Oklahoma notary public (in Oklahoma).  There was no issue with the notary, the issue at hand related to with whether the Oklahoma certificate met the criteria of New York's property laws.  Just between us, I thought that issue was cleared up some time ago.  Would love to get input from notaries on this for The Notary Digest.  Enjoy the news!  Brenda

New York appeals court clarifies law on out-of-state affidavits 

Recently, the New York Appellate Division held an affidavit supporting an Oklahoma bank’s motion to foreclose a New York mortgage conformed to New York statutory requirements. An affidavit acknowledged out of state must be accompanied by a certificate of conformity under N.Y. Civil Practice Law and Rules §2309(c), providing that an oath taken outside New York is treated as if taken in New York if accompanied by a certificate required to entitle a deed to be recorded in New York. Oaths acknowledged outside New York by non-New York notaries require a certificate of conformity in substantially the form set out in Real Property Law §309-b. Here, an affidavit of the holder’s senior foreclosure litigation specialist established the mortgage, the default and assignment of the mortgage. It was accompanied by a “Uniform, All Purpose Certificate of Acknowledgment” which substantially conformed to Real Property Law §309-b. The borrowers did not oppose the motion to foreclose; the holder was therefore entitled to judgment. Midfirst Bank v. Agho, 991 N.Y.S.2d 623 (Aug. 13, 2014).

To read the ruling, go here.

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