Friday, June 21, 2013

Another Win ~ Judge dismisses Citibank's second attempt to sue our client!

Judge Troia dismissed Citibank's second attempt to sue our client on the second mortgage note as if it was unsecured credit card debt. Foster & Garbus argued on behalf of Citibank that our client was not entitled to the statutory protection of RPAPL 1304, which requires a 90 day notice be sent to the homeowner BEFORE a bank can sue. The Judge disagreed and determined that Citibank was required to send the notice and it was what is called a "condition precedent." Since Citibank didn't satisfy the condition precedent the case was dismissed ... again.

Dd Redacted

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