In a continuing effort to minimize homestead foreclosures in the Empire State, New York Real Property Actions and Proceedings Law (RPAPL) Section 13041 requires notice be sent to the mortgagor at least 90 days before a foreclosure action is commenced against the borrower. This provision applies no matter the type or balance of the loan and is equally applicable to lenders, assignees, and mortgage loan servicing companies. RPAPL § 1304 governs the content, formatting, mailing, and addressing of the notice, but it also specifies that the proper form and service of such notice is a “condition precedent2 to commencing a foreclosure proceeding” in New York. This means that proper notice must be sent in accordance with the requirements of the statute before a foreclosure action can be filed in the Supreme Court of the county where the property is located. Failure to adhere to the detailed requirements of RPAPL § 1304, therefore, may defeat the foreclosure itself.
