A bank pressing a residential foreclosure case did not adequately demonstrate it had sent a default notice to the homeowners, a Brooklyn appellate court said, affirming the action’s dismissal.
“Unsubstantiated and conclusory statements” from a Wells Fargo vice president “failed to show that the required notice was mailed by first class mail or actually delivered to the notice address if sent by other means, as required by the mortgage agreement,” the Appellate Division, Second Department, said in Wells Fargo v. Eisler, 2013-05498.
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