It is no surprise. The onslaught of legislation designed to protect borrowers continues. Most recent is a bill proposed by the Office of Court Administration to add a new CPLR rule 3012-b entitled “Certificate of Merit in Certain Residential Foreclosure Actions.”
The memorandum in support presupposes that borrowers are being foreclosed upon by lenders who do not actually hold the mortgages at issue, thereby presumably requiring remedial action to involve attorneys at the outset to confirm the plaintiff’s standing to bring the actionand to so certifyin a certificate executed by the attorney. This certificate is then to be filed with the complaint in the action.
