Key Takeaway
New York foreclosure case demonstrates that conclusory statements about mailing procedures are insufficient; requires sworn testimony from someone with personal knowledge.
The Critical Importance of Proper Mailing Proof in Legal Proceedings
In legal disputes involving notice requirements, the burden of proving proper mailing can make or break a case. Whether it’s foreclosure notices or insurance claim documentation, courts demand specific evidence that required communications were actually sent. A recent New York appellate decision illustrates just how rigorous these proof standards can be.
The case of Wells Fargo Bank, NA v Mandrin serves as a stark reminder that vague assertions about following proper procedures simply won’t satisfy judicial scrutiny. This principle applies broadly across different areas of law, from insurance coverage disputes to foreclosure actions, where proper notice is fundamental to due process.
Jason Tenenbaum’s Analysis:
Wells Fargo Bank, NA v Mandrin, 2018 NY Slip Op 02826 (2d Dept. 2018)
“Proof of the requisite mailing is established with proof of the actual mailings, such as affidavits of mailing or domestic return receipts with attendant signatures, or proof of a standard office mailing procedure designed to ensure that items are properly addressed and mailed, sworn to by someone with personal knowledge of the procedure ”
“The unsubstantiated and conclusory statement of a vice president of the plaintiff that a 90-day pre-foreclosure notice “was forwarded by regular and certified mail” to Mandrin “in full compliance with all requirements of RPAPL § 1304” was insufficient to establish that the notice was actually mailed to Mandrin by first-class and certified mail “
Key Takeaway
Courts require concrete evidence of mailing, not just executive assertions. The decision emphasizes that someone with direct, personal knowledge of the mailing procedures must provide sworn testimony. This ongoing theme in mailing requirements underscores the need for meticulous documentation and proper witness testimony in litigation involving notice requirements.
