Wells Fargo Bank, N.A. v Curtis

Holding The court reversed the judgment of foreclosure and sale because the plaintiff failed to establish strict compliance with RPAPL 1304 by not proving that at least five of the listed housing counseling agencies served the borrower’s region. The court held that this statutory defect could not be disregarded under CPLR 2001, requiring the denial of summary judgment on the complaint.

The court’s words

Proper service of [an] RPAPL 1304 notice containing the statutorily mandated content is a condition precedent to the commencement of a foreclosure action

2026 NY Slip Op 05348, at the official text

the plaintiff failed to establish, prima facie, that, of the 17 agencies listed in the RPAPL 1304 notice to the defendant, at least 5 of those agencies served the region where the defendant resided

2026 NY Slip Op 05348, at the official text

the failure to provide a list of five housing counseling agencies as required by the statute is not a defect that may be disregarded pursuant to CPLR 2001

2026 NY Slip Op 05348, at the official text