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Case Study · Foreclosure Defense · Bronx County

The loan servicer asked fora foreclosure judgment.The court dismissedits complaint.

1 envelopeFor two borrowersThat fails the 90-day notice law. The court agreed with us.

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The Result
How the 90-day notice went out
1 envelope
In the papers filed against our client.
Our client's motion
Won
Against the loan servicer's complaint.
The foreclosure motion
Denied
It asked for a judgment and a referee.
Supreme Court, Bronx County · 2026
Prior results do not guarantee a similar outcome. Every case turns on its own facts.
The Case

Summary judgment is how banks usually win foreclosures.
Here it went the other way.

Quick AnswerIn a Decision and Order filed October 7, 2026, Justice Naita A. Semaj of the Supreme Court, Bronx County, granted our client summary judgment dismissing the foreclosure complaint of Ocwen Loan Servicing, LLC, the loan servicer that brought the case. Ocwen's own papers showed that the 90-day pre-foreclosure notice went to our client and the other borrower in a single envelope, and the court held that this "fails to comply with RPAPL 1304." Ocwen's own motion, for summary judgment, a default judgment against the defendants who had not appeared and a referee, was denied as academic. Petroff Amshen LLP represented our client.

The foreclosure motion

Ocwen sued our client and others to foreclose in the Supreme Court, Bronx County. Ocwen moved for summary judgment against our client, which would have decided the case in its favor without a trial. It also wanted a default judgment against the defendants who had not appeared and a referee to compute the amount it claimed was due. Our firm opposed all of it.

In our experience, summary judgment is the usual way banks win foreclosure cases. A referee's appointment is the next step toward a sale. That is where Ocwen was trying to take this case.

The 90-day notice and the single envelope

New York won't let a lender start a foreclosure on a home loan until it has mailed a 90-day pre-foreclosure notice under RPAPL 1304. The lender has to prove it followed the statute to the letter. Close doesn't count.

When a loan has two borrowers, the appellate courts have said that mailing the notice in one envelope addressed to both of them doesn't comply. The Second Department said so in Wells Fargo Bank, N.A. v Yapkowitz, and the First Department, whose decisions bind the Bronx courts, followed it in US Bank N.A. v Maioriello.

Ocwen's own submissions showed that's exactly what happened here. The 90-day notice went to our client and the other borrower in a single envelope.

How we beat it

We opposed Ocwen's motion and cross-moved for summary judgment of our own, asking the court to dismiss the complaint because Ocwen hadn't strictly complied with the notice law. Every piece of proof we needed came from Ocwen's paperwork.

Ocwen pushed back with an affirmation opposing our cross-motion and a reply memorandum of law. The envelope was still the envelope.

Justice Naita A. Semaj agreed with us. "Mailing the 90-day notice in a single envelope addressed to both borrowers fails to comply with RPAPL 1304," the court wrote. "To maintain a residential mortgage foreclosure action, plaintiff must demonstrate its strict compliance with the requirements of RPAPL 1304."

Because our client had "successfully demonstrated that plaintiff failed to comply," the court held that our client was "entitled to summary judgment dismissing the complaint." Ocwen's own motion was denied as academic.

What the court ordered

In a Decision and Order filed October 7, 2026, the Supreme Court, Bronx County:

  • Granted our client's cross-motion for summary judgment and dismissed Ocwen's foreclosure complaint.
  • Denied, as academic, Ocwen's motion for summary judgment, a default judgment against the defendants who had not appeared and a referee to compute.
The defense was in Ocwen's own papers. The court agreed.
Timeline

From the 90-day notice
to the October 2026 ruling.

The law
A 90-day notice before suing.
The courts
Strict compliance. Close does not count.
Ocwen's papers
One envelope, addressed to both borrowers.

From the court's Decision and Order filed October 7, 2026.

  1. Before suing
    The 90-day notice goes out in one envelope.
  2. The motions
    Ocwen asks for judgment. We ask the court to dismiss.
  3. Oct 2026
    The court dismisses the complaint.
The Legal Record · Summary Judgment

Two borrowers.
One envelope.

The record, in order: what the law requires, what we argued, and what the court held on each point.

The 90-day notice · RPAPL 1304
90 days
Mailed before a lender can sue to foreclose.
On this loan
2 borrowers
Our client and one other.
The argumentWe arguedThe Court held
01
The notice has to follow the statute.RPAPL 1304 · 90-day notice
We arguedOcwen had to prove strict compliance with the 90-day notice law.
The Court heldAgreed
"To maintain a residential mortgage foreclosure action, plaintiff must demonstrate its strict compliance with the requirements of RPAPL 1304."
02
One envelope is not enough.Two borrowers
We arguedOcwen's own submissions showed the notice went to both borrowers in a single envelope.
The Court heldAgreed
"Mailing the 90-day notice in a single envelope addressed to both borrowers fails to comply with RPAPL 1304."
03
The complaint should be dismissed.Our client's cross-motion
We arguedWithout strict compliance, the complaint had to go.
The Court heldGranted
Our client "successfully demonstrated that plaintiff failed to comply" and was "entitled to summary judgment dismissing the complaint."
04
The foreclosure motion should fail.Summary judgment, default judgment, referee
We arguedOcwen's motion should be denied.
The Court heldDenied
Ocwen's motion for summary judgment was "denied as academic."
Its own papers.Complaint dismissed.
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Legal Analysis · Plain English

What the Court decided,
and why it matters.

1. The lender proves its own case

When a borrower raises the 90-day notice, the lender has to prove, as part of its own case, that it followed RPAPL 1304 to the letter. If its own papers show it did not, the borrower can ask the court to dismiss the complaint. That is what we did here.

2. Bronx courts follow the First Department

The court relied on US Bank N.A. v Maioriello, a 2022 First Department decision, which cited Wells Fargo Bank, N.A. v Yapkowitz, a 2021 Second Department decision. The First Department's decisions bind the Bronx courts.

3. One ruling settled both motions

Ocwen and our client each asked for summary judgment. Once the court granted our client's cross-motion and dismissed the complaint, Ocwen's motion had nothing left to decide, so the court denied it as academic.

What this means if you're facing foreclosure

Courts hold lenders to strict compliance with the 90-day notice law. The proof usually sits in the lender's own motion papers, in the affidavit of mailing and the copies of what was sent. If your loan has two borrowers, such as spouses or a parent and child, check whether each of you got a notice of your own.

It's easy to assume the bank's paperwork must be in order. After all, the bank has the lawyers and the forms. Don't assume it. In this case the defense was sitting in the papers Ocwen filed to win.

Questions

Questions people search
about the 90-day notice.

What is the 90-day notice?
Before a lender can sue to foreclose on a home loan in New York, RPAPL 1304 requires it to mail the borrower a 90-day pre-foreclosure notice. The lender has to prove it followed the statute to the letter. In the court's words, "plaintiff must demonstrate its strict compliance with the requirements of RPAPL 1304."
Can one envelope for two borrowers be a problem?
It was here. Ocwen's own papers showed the 90-day notice went to both borrowers in a single envelope, and the court held that "fails to comply with RPAPL 1304." Every case turns on its own facts. Prior results do not guarantee a similar outcome.
What is summary judgment in a foreclosure?
It is a ruling without a trial, when the papers show one side is entitled to win. Here Ocwen asked for it and was denied. Our client asked for it too, and the court granted summary judgment dismissing the complaint.
Which appellate rulings apply in the Bronx?
The Bronx is in the First Department of the Appellate Division. Here the court relied on US Bank N.A. v Maioriello, a 2022 First Department decision, which cited Wells Fargo Bank, N.A. v Yapkowitz, a 2021 Second Department decision. Both hold that one envelope addressed to two borrowers does not satisfy RPAPL 1304.
What should I do if I have been served with foreclosure papers?
Call a lawyer before you answer, or as soon as you can after. Ask to see the lender's proof of the 90-day notice: who it was addressed to and how it was mailed. If your loan has two borrowers, check whether each of you got a notice of your own.
Does Petroff Amshen represent clients outside New York?
No. Petroff Amshen represents clients in New York only.
Glossary: the terms in plain English
Summary judgment
A ruling without a trial, when the papers show one side is entitled to win.
Cross-motion
A motion filed in answer to the other side's motion, asking the court for relief of its own.
Loan servicer
The company that manages a mortgage loan.
90-day notice
The warning letter a New York lender must mail a borrower before it can sue to foreclose (RPAPL 1304).
Strict compliance
Doing exactly what the statute requires. Close is not enough.
Default judgment
A judgment against a party that has not appeared in the case.
Referee
A person the court appoints to compute what the lender says is owed.
Denied as academic
Denied because another ruling in the same decision left nothing to decide.
Appellate Division
New York's intermediate appeals court. The Bronx is in its First Department.
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