Ditech Financial, LLC v Rapuzzi

Holding The court affirmed the dismissal of the foreclosure action because the plaintiff failed to strictly comply with RPAPL 1304 by mailing the required notice less than 90 days before commencing the action. The defendant’s cross-appeal was dismissed because he was not aggrieved by the order that granted his motion for summary judgment.

The court’s words

Strict compliance with RPAPL 1304 notice to the borrower or borrowers is a condition precedent to the commencement of a foreclosure action

2026 NY Slip Op 05280, at the official text

the plaintiff's own employee attested to mailing the RPAPL 1304 notice to the defendant on January 11, 2018, which was less than 90 days prior to the commencement of this action

2026 NY Slip Op 05280, at the official text

A party is not aggrieved merely because it disagrees with the particular findings, rationale or the opinion supporting a judgment or order

2026 NY Slip Op 05280, at the official text