Bank of America, N.A. v Maddox

Holding The court reversed the lower court’s grant of summary judgment to the plaintiff because the plaintiff failed to establish prima facie standing and strict compliance with RPAPL 1304 notice requirements. Specifically, the plaintiff could not prove it held the note at the time of commencement or that the required 90-day notice was sent by both certified and first-class mail.

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 06084, at the official text

the plaintiff failed to establish, prima facie, its strict compliance with RPAPL 1304

2026 NY Slip Op 06084, at the official text

the plaintiff failed to establish, prima facie, its standing to commence the action

2026 NY Slip Op 06084, at the official text

the Supreme Court should have denied those branches of its motion which were for summary judgment

2026 NY Slip Op 06084, at the official text