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THE BANK SUFFICIENTLY PROVED COMPLIANCE WITH THE NOTICE REQUIREMENTS OF RPAPL 1304 IN THIS FORECLOSURE PROCEEDING; STRONG DISSENT (SECOND DEPT).

The Second Department, affirming summary judgment in favor of plaintiff in this foreclosure action, over a detailed dissent, determined plaintiff had demonstrated compliance with the RPAPL 1304 mailing requirements for the notice of foreclosure. The dissent argued the notice requirements were not strictly complied with. The decision is too detailed to fairly summarize here, but it should be consulted for its discussion of the proof a bank must present on the “RPAPL 1304” notice requirements to warrant summary judgment. U.S. Bank N.A. v Romano, 2024 NY Slip Op 05235, Second Dept 10-23-24

Practice Point: For at least a decade, the appellate courts have reversed summary judgment in foreclosure cases because proof of the bank’s compliance with the notice requirements of RPAPL 1304 was found deficient. Here, over a strong dissent, the proof was deemed adequate. The detailed discussion of the proof requirements, in the majority decision and in the dissent, is instructive on the issue.

 

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