Oath requirements for foreign affidavits

My previous entry pointed to CPLR §2309's necessity of a proper acknowledgement of an out-of-state affiant. In many collection cases, the purported witness with knowledge is an employee of a foreign collection servicing subsidiary. CPLR §2309(c) requires a certificate "as would be required to entitle a deed acknowledged." The certificate must authenticate the authority of the one administering the oath. The precise requirements for this certificate are contained in Real Property Law §312.

Without prejudice, the courts may consider this defect harmless error and permit nunc pro tuncvalidation of a later submitted certification. Some judges will ignore this unprejudicial defect. This should not, one court warned, be considered an invitation to casualness. Some judges strictly construe oaths.

Categories: Debt Defense
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