ESQ HQNEW YORK LAW WATCH

Appellate Division, First Department · October 15, 2026 · 2026 NY Slip Op 06037

Wilmington Savings Fund Society, etc., Plaintiff-Appellant, v David Lopez, Jr., etc., et al., Defendants-Respondents.

Read the official decision: 2026 NY Slip Op 06037

Holding A property owner who is not the original borrower lacks standing to raise defenses based on the lender’s failure to comply with RPAPL 1304 or contractual pre-foreclosure notice requirements. Such defenses are personal to the original borrower and cannot be asserted by a transferee or heir who is a stranger to the note and mortgage.

The court’s words

Noncompliance with RPAPL 1304 . . . in a mortgage agreement [is a] personal defense[] that may not be raised by parties who are strangers to the subject note and mortgage

2026 NY Slip Op 06037, at the official text

he is no different from any other transferee of property subject to a mortgage, and thus he is a stranger to the note and mortgage instruments

2026 NY Slip Op 06037, at the official text
CourtAppellate Division, First Department
DecidedOctober 15, 2026
Citation2026 NY Slip Op 06037
Area of lawMortgage Foreclosure · Real Property
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 06037
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1296

Recommended citation

ESQ HQ, New York Law Watch, Wilmington Savings Fund Society, etc., Plaintiff-Appellant, v David Lopez, Jr., etc., et al., Defendants-Respondents., 2026 NY Slip Op 06037 (Appellate Division, First Department, October 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06037/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

Read how Law Watch works

Published October 15, 2026. Updated October 15, 2026.