Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06349
Wilmington Savings Fund Society, FSB, etc., respondent, v Eric Leder, etc., appellant, et al., defendants.
Read the official decision: 2026 NY Slip Op 06349
Holding The inclusion of relevant bankruptcy rights information in the same envelope as the RPAPL 1304 notice did not violate the separate envelope requirement. Additionally, the loan servicer was properly authorized to send the required notices under a limited power of attorney.
The court’s words
the inclusion of this information with the 90-day notice did not violate the "separate envelope" requirement of RPAPL 1304(2)
2026 NY Slip Op 06349, at the official text
SPS was acting "in the Trust's name, place and stead," which it named in the notice, and "for the Owner Trustee's benefit," as authorized by the limited power of attorney
2026 NY Slip Op 06349, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06349 |
| Area of law | Mortgage Foreclosure · Real Property |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06349 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1628 |
Recommended citation
ESQ HQ, New York Law Watch, Wilmington Savings Fund Society, FSB, etc., respondent, v Eric Leder, etc., appellant, et al., defendants., 2026 NY Slip Op 06349 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06349/
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.
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