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A recent ruling by New York (“NY”)’s Appellate Division, Second Department, reminds lenders that strict compliance with foreclosure notice requirements is non-negotiable. In Wells Fargo Bank, N.A. v. Sakizada (Decided August 13, 2025), the borrower argued that Wells Fargo failed to properly serve the mandatory notice of default. Although the trial court sided with Wells Fargo based on internal affidavits, the appellate court reversed. NY’s Second Department held that the lender must demonstrate strict adherence to both the mortgage contract’s notice provisions and the statutory requirements under RPAPL § 1304. Without such proof, foreclosure cannot proceed.
Lenders and servicers should take note that this ruling makes clear that meticulous compliance with notice obligations is essential to preserving foreclosure rights and avoiding costly setbacks.
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