- Court
- New York Supreme Court, Appellate Division, Second Department
- Case
- U.S. Bank National Association v. Weiss
- Date
- June 3, 2026
- Slip Op. No.
- 2026 NY Slip Op 03469
Background
In 2020, plaintiff U.S. Bank National Association commenced this action to foreclose a mortgage against defendant Jeno Weiss and others. Plaintiff moved for summary judgment, submitting the mortgage, unpaid note (endorsed in blank and annexed to the complaint), evidence of default including payment history and default notices, and proof of compliance with RPAPL 1304 and 1306 pre-foreclosure notice requirements. Defendant opposed and requested that the court search the record and award him summary judgment based on alleged failures to comply with RPAPL 1304 and 1306(2).
Supreme Court, Orange County (E. Loren Williams, J.), granted plaintiff’s motion. Defendant also appealed from the subsequent order and judgment of foreclosure and sale.
Holding
The Appellate Division, Second Department, dismissed the appeal from the intermediate summary judgment order (as merged into the final judgment) and affirmed the order and judgment of foreclosure and sale, with one bill of costs. The Court found plaintiff made a prima facie showing on all elements: it produced the mortgage, unpaid note, and evidence of default; established standing by annexing the blank-endorsed note to the complaint; and demonstrated compliance with RPAPL 1304 and 1306 pre-foreclosure notice requirements. Defendant’s admissions in his statement of material facts, acknowledging that the blank-endorsed note was attached to the complaint, further supported plaintiff’s standing. Defendant failed to raise triable issues of fact in opposition.
Takeaways
This decision provides a comprehensive roadmap for plaintiff lenders establishing a prima facie foreclosure case. Annexing the blank-endorsed note to the complaint establishes standing. Pre-foreclosure notice compliance under RPAPL 1304 and 1306 must be affirmatively demonstrated. The defendant’s statement of material facts can constitute binding admissions that support the plaintiff’s case. The merger doctrine continues to bar separate appeals from intermediate orders once the foreclosure judgment is entered.
Why It Matters
Mortgage foreclosure practitioners should note the multiple elements that must be established for summary judgment. This decision confirms the Second Department’s systematic approach to reviewing each component of the foreclosure prima facie case. Borrowers who raise RPAPL compliance as an affirmative defense will force the lender to make a prima facie showing of compliance, but general denials without evidentiary support will not defeat a properly supported motion. The case also illustrates the practical impact of statement of material facts requirements, as admissions therein can undermine defenses.