Justice Thomas Whelan
In this foreclosure action, a judgment of foreclosure and sale was granted as the mortgagor was found to be in default. US Bank now sought to vacate the judgment claiming it was unable to affirm the documents previously submitted by a prior servicer to the loan were "wholly true and accurate." It claimed it was concerned the affidavit of merit did not conform to the new requirements under Administrative Order 548/10 enacted by the Chief Administrative Judge. The court declined to vacate its prior judgment of foreclosure and sale. It stated its reaffirmation of a prior holding that the affirmation was an "unauthorized intrusion upon the jural relations of the parties to this action and upon the court," finding the affirmation required was held to be of no evidentiary value. The court also noted the judgment was granted three months before 548/10 went into effect on Oct. 20, 2010. Hence, it stated as this matter proceeded to judgment, all that was required was a filing of the affirmation with the court prior to the sale date. The court found the attorney affirmation and servicer affidavit fully complied with the requirements of 548/10, and satisfied the obligations imposed on the bank’s counsel.
