The case began when Michael McNamara signed a $400,000 promissory note with American Brokers Conduit on Jan. 23, 2006, and the mortgage was jointly executed with his wife Alice in Babylon. The note, secured by the couple’s home, was defaulted on when payments stopped from May 1, 2009, prompting Bank of America to file a foreclosure suit in 2014. Alice contested the action, arguing the lender had not complied with New York’s 90‑day notice requirement under Section 1304 of the Real Property Actions and Proceedings Law. In its 2025 judgment, the court found the bank’s affidavit relied on generic business records and did not prove the required mailed notice, thereby violating statutory procedure. The appellate decision also held that the bank had not demonstrated legal standing, as the original complaint omitted the endorsed promissory note and relied on unverified business documents. With the judgment vacated, the bank must now re‑file a fresh foreclosure complaint; Alice’s estate, represented by executor Robert Maddox, will continue to contest the sale while a new hearing is scheduled for early 2027.