In the fall of 2010, New York’s judiciary instituted a new filing requirement in residential foreclosure cases.  As a result, foreclosing counsel must file an affirmation certifying that he or she reviewed and verified the accuracy of the documents filed in support of the foreclosure.  The judiciary noted that the requirements should ‘protect the integrity of the foreclosure process and prevent wrongful foreclosures’.  This follows the disclosures that many lenders and their servicers had erred in authenticating the mortgages upon which the foreclosures were based, and had engaged in the ‘robo-signing’ of supporting documents.   Some of New York’s largest lenders &/or servicers – GMAC, Bank of America, JP Morgan Chase, PNC Financial & Litton Loan Servicing – reacted to these disclosures by unilaterally suspending their foreclosures.  In foreclosures filed after the fall, 2010, counsel’s affirmation must accompany the request for judicial intervention.   In foreclosures pending as of the fall of 2010, the affirmation must be submitted with either the proposed order of reference or the proposed foreclosure judgment.   In foreclosures where a judgment has been entered (but where no sale has occurred), the affirmation must be submitted to the court’s referee, with a copy filed with the court, days prior to the scheduled sale.   Counsel must also file an amended version of the affidavit if new facts emerge after the initial filing.