Failure to give proper notice to a homeowner under New York's foreclosure fraud law is a defense that can be raised at any time, a state appeals court has ruled. The panel held that the lender seeking to foreclose has the burden of showing strict compliance with the law, which requires that a homeowner be served with a separate foreclosure notice in addition to a summons and complaint. The court disagreed with the bank's argument that complying with the notice requirement was a "red herring."
March 30, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Failure to give proper notice to a homeowner under New York’s foreclosure fraud law is a defense that can be raised at any time, a Brooklyn appeals court has ruled in a decision of first impression at the state appellate level.
In dismissing a foreclosure suit against homeowner Alan Silver, a panel of the Appellate Division, 2nd Department, held that the lender seeking to foreclose had the burden of showing strict compliance with the state’s Home Equity Theft Prevention Act.
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