This decision by the U.S. Court of Appeals for the Second Circuit (court) involved an appeal from a trial court decision which granted summary judgment in favor of a lender in a foreclosure action against two defendants. The defendants argued that the lender “failed to prove compliance with pre-foreclosure notice requirements of New York Real Property Actions and Proceedings Law (RPAPL) §1304” (§1304) and “the pre-foreclosure filing requirements of RPAPL §1306” (§1306). Since the appeal “turn[s] on questions of New York law for which no controlling decisions of the New York Court of Appeals exist,” the court certified two questions to the New York Court of Appeals.

The lender had commenced a foreclosure action against the two defendants and they had moved for summary judgment. The District Court had granted the lender’s motion after adopting a “Report and Recommendation” by a magistrate judge. The defendants argued that the lender failed to prove compliance with §§1304 and 1306. With respect to §1304, they contended that the lender “failed to show that it followed standard mailing procedures to ensure that pre-foreclosure notices were properly addressed and mailed.” They also argued that the lender failed to comply with §1306 because it failed to include information on its filing about one of the borrowers.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]