CIT Bank N.A. v. Schiffman, No. 18-3287 (2d Cir. 2021)Annotate this Case
The Second Circuit affirmed the district court's order adopting the Report and Recommendation of the magistrate judge and granting summary judgment in favor of CIT Bank N.A. in a foreclosure action against defendants. On appeal, plaintiffs argue that CIT failed to prove compliance with the pre-foreclosure notice requirements of New York Real Property Actions and Proceedings Law (RPAPL) 1304 and the pre-foreclosure filing requirements of RPAPL section 1306.
After receiving guidance from the New York Court of Appeals on the issues of state law that govern defendants' arguments, the court found that CIT has adequately proven compliance with RPAPL 1304 and 1306. The court held that defendants have not rebutted the presumption that CIT mailed, and that they received, the required section 1304 notices. The court also held that, because there is no dispute that CIT timely submitted a section 1306 filing with all the required information about one defendant, the wife, it has complied with the statute. The court explained that the fact that CIT did not submit a filing with respect to the husband is irrelevant, as CIT was not required to do so.
This opinion or order relates to an opinion or order originally issued on January 28, 2020.