U.S. Bank N.A. v Walker

Holding The plaintiff failed to establish standing or strict compliance with RPAPL 1304, requiring the denial of its motion for summary judgment. However, the defendants failed to meet their burden on cross-motion to dismiss the complaint based on those same grounds.

The court’s words

the plaintiff must prove its standing as part of its prima facie showing on a motion for summary judgment

2026 NY Slip Op 06482, at the official text

mere physical possession of a note at the commencement of a foreclosure action is insufficient to confer standing

2026 NY Slip Op 06482, 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 06482, at the official text

the burden is on the moving defendant to establish, prima facie, the plaintiff's lack of standing

2026 NY Slip Op 06482, at the official text

the minimal additional information in the 90-day notice... did not violate the 'separate envelope' requirement of RPAPL 1304(2)

2026 NY Slip Op 06482, at the official text