Key Takeaway
New York's Second Department reaffirms business record authentication standards in foreclosure cases, showing how CPLR 4518 requirements remain crucial for establishing mortgage holder status.
Understanding Business Records in Foreclosure Proceedings
Foreclosure litigation often hinges on a plaintiff’s ability to prove they hold the mortgage note at the time of filing. This proof typically comes through business records, which must meet specific authentication requirements under New York’s Civil Practice Law and Rules (CPLR). While business records challenges have become less common in certain practice areas, understanding the foundational requirements remains essential for both plaintiffs and defendants in foreclosure cases.
The authentication process requires witnesses to establish several key elements: personal familiarity with record-keeping practices, that records were made in the regular course of business, and that the records were created at or near the time of the relevant events. These requirements ensure the reliability and authenticity of documentary evidence presented to the court.
Jason Tenenbaum’s Analysis:
CitiMortgage, Inc. v McKinney, 2016 NY Slip Op 08037 (2d Dept. 2016)
“Stringer further asserted that she was personally familiar with the plaintiff’s record-keeping practices and procedures, the records were made in the regular course of business, it was the regular course of the plaintiff’s business to make them, and the records were made at or near the time of the occurrence of the matters set forth in the records. This was sufficient to establish, prima facie, that the plaintiff was the holder of the note at the time the action was commenced (see CPLR 4518;”
Business records play a much less prominent role nowadays in our realm of practice.
Key Takeaway
The Second Department’s decision in CitiMortgage v McKinney demonstrates that proper authentication under CPLR 4518 remains straightforward when witnesses can establish the basic foundational requirements. Even as business records from the Fourth Department and other jurisdictions show varying approaches, the core elements—personal familiarity, regular course of business, and contemporaneous creation—consistently satisfy prima facie authentication standards in foreclosure proceedings.
