Aurora Loan Services, LLC. v. Weisblum

In Aurora Loan Services, LLC. v. Weisblum, (85 AD3d 95 [2d Dept 2011]) the Appellate Division, Second Department held that mailing such notice was a mandatory condition precedent to commencing a foreclosure action which must be alleged by plaintiff in its complaint and proved by the plaintiff to meet its prima facie burden of proof on a summary judgment motion. In Aurora, the Appellate Division found that plaintiff failed to meet its prima facie burden in several respects. Among those was the failure of plaintiff to produce an affidavit of service to establish that the section 1304 notice was served on the borrowers by both registered or certified mail and first-class mail at their last known address. In so ruling, the Court held that the failure to comply with RPAPL 1304 may not be disregarded even if no prejudice to the borrower is shown (see Aurora 85 AD3d at 107).