This is a subject we thought was long ago disposed of: lender problems with the requirement of the Fannie Mae/Freddie Mac uniform instrument that a prerequisite to acceleration (and therefore foreclosure) is the sending to the borrowers of a certain 30-day notice of default. How hard is that to do? The ready answer is “not really so challenging.” But the more relevant or incisive question to be asked—on those once commonplace occasions when borrowers deny receipt—is whether the foreclosing party can prove that the notice was sent.
The answer there is “sometimes not,’ as a case as recent as June 2023 ruled, to the dismay of a hapless mortgage holder. [Wilmington Savings Fund Society, FSB v. Racer, 217 A.D.3d 730, 191 N.Y.S.3d 642 (2d Dept.)]
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