Wilmington Savings Fund Society, FSB, etc., v Nina Fischman, et al.

Holding The Appellate Division reversed the judgment of foreclosure and sale because the plaintiff’s RPAPL 1304 notice, issued before a statutory amendment, failed to satisfy the condition precedent for commencing the action after the amendment’s effective date. Consequently, the plaintiff’s motion for summary judgment and to strike the affirmative defense regarding non-compliance with RPAPL 1304 was denied.

The court’s words

Proper service of RPAPL 1304 notice on the borrower or borrowers is a condition precedent to the commencement of a residential foreclosure action

2026 NY Slip Op 05212, at the official text

the plaintiff's July 15, 2016 RPAPL 1304 notice did not satisfy the condition precedent to litigation for this action commenced in August 2017

2026 NY Slip Op 05212, at the official text

it may be reached as it involves a pure question of law that appears on the face of the record

2026 NY Slip Op 05212, at the official text