Wells Fargo Bank, N.A. v. Stein

Summary

The New York Appellate Division, Second Department affirmed two orders granting Wells Fargo Bank, N.A. summary judgment, striking Hannah Stein's answer, and directing an order of reference in a mortgage foreclosure action. The court held that the plaintiff did not establish that Stein lacked standing to defend but did establish prima facie compliance with the mailing requirements of RPAPL 1304. Stein's bare denial of receipt was insufficient to raise a triable issue of fact.

Holdings

1. Wells Fargo failed to demonstrate that Stein lacked standing to defend the action on the asserted basis that she had made an absolute conveyance of all her interest in the mortgaged premises.
2. Wells Fargo established prima facie strict compliance with RPAPL 1304 by submitting proof of a standard office mailing procedure, sworn to by an employee with personal knowledge, together with business records confirming that the procedure was followed in this case.
3. The remaining contentions were either without merit or improperly raised for the first time on appeal and therefore were not properly before the court.

Questions Presented

1. Whether Wells Fargo established that Stein lacked standing to defend the foreclosure action because she had conveyed all of her interest in the mortgaged premises.
2. Whether Wells Fargo established prima facie compliance with the mailing requirements of RPAPL 1304 for purposes of summary judgment.
3. Whether Stein's bare denial of receipt of the RPAPL 1304 notice raised a triable issue of fact.
4. Whether Stein's remaining contentions were preserved for appellate review.

Disposition

affirmed