No Proof of Authority Attached to Termination Notice

Landlord mortgage lender sued to evict tenant after foreclosure. Landlord and tenant, who had no attorney, signed a settlement agreement in court, which gave landlord a judgment of possession. Tenant later asked the court to revoke the settlement and dismiss the case. The court ruled for tenant. The 10-day notice to quit terminating the tenancy was signed by a vice president of American Home Mortgage Servicing Inc. as landlord’s “designated agent.” But landlord was Deutsche Bank. When a termination notice is signed by landlord’s agent, proof of the agent’s authority to act on landlord’s behalf must be attached to the notice. Tenant didn’t have the benefit of counsel and didn’t know she had a defense when she signed the settlement agreement.

Deutsche Bank National Trust Co. v. Larke: NLJ, 4/27/10, p. 26, col. 3 (Civ. Ct. Queens; Katz, J)