Notice to Admit in Foreclosure Action Improper

House keys and foreclosure notice

In a case before Justice Joan Lefkowitz sitting in the Supreme Court Real Property Part in Westchester County, US Bank made an application for summary judgment. This application was brought in the foreclosure lawsuit and it was opposed by the defendant, Glusky. Glusky took the position the bank failed to satisfy a condition precedent to initiation of a foreclosure case. Glusky claimed the bank failed to comply with the 90 day notice requirement under Real Property Action and Proceedings Law Section 1304. The failure of the bank’s compliance with this law denied the bank standing to bring the foreclosure lawsuit.

Justice Joan Lefkowitz had made a previous decision holding the bank had failed to establish prima facie entitlement to summary judgment. This was because they did not establish the bank was in compliance with the Section 1304 of the Real Property Action and Proceedings Law 90 day notice requirements. This statute requires the bank provide a homeowner with 90 day’s-notice prior to the initiation of a foreclosure lawsuit.

Bank Seeks To Get Around 90 Day Notice Statute

The bank’s attorneys had sent Glusky a notice to admit. He objected to the notice. He asked the court for an order striking the notice to admit. Glusky claimed the facts went to the heart of the case. Counsel for the bank argued against Glusky’s protective order. Justice Joan Lefkowitz found the notice to admit asked Glusky to admit to material issues which were in dispute in this case. Therefore, she found the notice to admit was improper. Glusky had appropriately rejected the bank’s claim. The Judge also found the fact that Glusky did not object Attorney Elliot Schlisselto it in a timely manner is not relevant to the notice to admit being improper. Judge Lefkowitz rendered a decision which stated since the notice to admit was improper. Glusky simply did not need to respond. Judge Lefkowitz granted Glusky’s protective order striking the notice to admit.

Elliot S. Schlissel and his associates are foreclosure lawyers who have protected homeowners in foreclosure cases for more than 3 decades.

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