LIEB BLOG

How current events impact your business and real estate holdings

Saturday, November 20, 2010

Open Letter from the Bar to the Courts

Click here to read a letter from the chair of the Real Property Law Section of the New York State Bar Association to Mr. Paul Lawis of the New York State Office of Court Administration. This letter called for changes to the Affirmation Requirement in foreclosures. As can be seen from my previous post, many of the calls from the chair of the section went unanswered. More importantly, I disagree with many of the chair's statements, as do many other attorneys who question how such a letter could be written without a vote. Specifically, the chair discusses how this requirement violates the attorney-client privilege of confidentiality. Yet, if he would read the ethics rules for attorneys, click here to read, he would learn that not perpetrating a fraud on the court trumps that rule.

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