U.S. Bank Natl. Assn. v Diakhate

Holding The court affirmed the judgment of foreclosure and sale, holding that the plaintiff established standing by attaching the properly endorsed note to the complaint and that the defendant, as the estate’s administrator rather than the borrower, was not entitled to the 90-day notice required by RPAPL 1304. Additionally, the court found that the referee’s report was properly confirmed because the findings were substantially supported by the record and the plaintiff’s loan servicer provided a proper foundation for the admission of business records.

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 06342, at the official text

the defendant, who was not a borrower, was not entitled to notice pursuant to RPAPL 1304

2026 NY Slip Op 06342, at the official text

the plaintiff established its standing by attaching a copy of the properly endorsed note to the complaint

2026 NY Slip Op 06342, at the official text

The report of a referee should be confirmed whenever the findings are substantially supported by the record

2026 NY Slip Op 06342, at the official text

Hollis's affidavit provided a proper foundation for the admission of Ocwen's records

2026 NY Slip Op 06342, at the official text