In her cross motion papers, defendant Maria Guaman irrefutably established that the plaintiff lender failed to mail the required default notice under the terms set forth in the parties' 2006 mortgage agreement. Plaintiff purports to have mailed the 30-day notice, but the address used was not the notice address referenced in the parties' mortgage agreement.
Accordingly, the complaint should be dismissed, without prejudice (see Nationstar Mtge., LLC v Cogen,...
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