Nationstar Mortgage, LLC v Dimura

Holding The Supreme Court properly vacated a prior order entered upon the defendants’ default due to improper service of motion papers, which deprived the court of jurisdiction. Additionally, the court properly dismissed the complaint against the defendants because the plaintiff failed to strictly comply with RPAPL 1304 by mailing a single 90-day notice jointly addressed to both borrowers rather than separate notices to each.

The court’s words

improper service of a motion provides a complete excuse for default on a motion and deprives the court of jurisdiction to entertain the motion

2026 NY Slip Op 05406, at the official text

the mailing of a 90-day notice jointly addressed to two or more borrowers in a single envelope is not sufficient to satisfy the requirements of RPAPL 1304

2026 NY Slip Op 05406, at the official text

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 05406, at the official text