Where a foreclosure complaint is not verified, an application for a judgment by default must include an affidavit that sets forth proof of the facts, the default, and the amount due. Here, in support of its motion, the plaintiff submitted an affidavit of merit executed by a "Document Execution Specialist" who was employed by the plaintiff's servicing agent. The affiant asserted that she had personal knowledge of the merits of the plaintiff's cause of action based upon her review of various business records. However, since the plaintiff failed to attach the business records upon which the affiant relied, her factual assertions based on those records constitutes inadmissible hearsay, and her affidavit is insufficient to demonstrate proof of the facts constituting the claim.
Deutsche Natl. Bank Trust Co. v. Hossain, NY Slip Op 04480 (2d Dep't July 21, 2021)
Tomorrow's issue: A prior property owner's liability.
