Nationstar Mtge., LLC v. Owens

Summary

The Appellate Division, Second Department, affirmed an order and judgment of foreclosure and sale in favor of Nationstar Mortgage, LLC. The court held that Nationstar established prima facie compliance with RPAPL 1304 and the mortgage's notice-of-default requirement through affidavits and business records, and that the defendant's denial of receipt was insufficient to raise a triable issue. The court also upheld confirmation of the referee's report without a computation hearing.

Holdings

1. Nationstar established prima facie strict compliance with RPAPL 1304 by submitting evidence that the required notices were sent to Owens by certified or registered mail and first-class mail. Owens's mere denial of receipt did not raise a triable issue of fact.
2. Nationstar established prima facie compliance with the notice-of-default requirement contained in the mortgage agreement.
3. The Supreme Court properly confirmed the referee's report and entered the judgment of foreclosure and sale without holding a separate computation hearing.

Questions Presented

1. Whether Nationstar established strict compliance with RPAPL 1304 as a condition precedent to foreclosure.
2. Whether Nationstar established compliance with the mortgage agreement's notice-of-default requirement.
3. Whether Nationstar's business-record evidence was sufficient to establish mailing of the RPAPL 1304 notices.
4. Whether the Supreme Court properly confirmed the referee's report and entered a judgment of foreclosure and sale without holding a computation hearing.
5. Whether Owens was entitled to leave to renew her opposition to summary judgment.

Disposition

affirmed