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New York Real Property Actions and Proceedings Law §1304 requires a lender, assignee, or mortgage loan servicer to mail a notice advising the borrower(s) that his or her home is at risk of foreclosure. The notice must be mailed at least 90-days prior to the commencement of a foreclosure action and it is only applicable to home loans. This notice is commonly referred to as the “90-day notice” and it has become a controversial issue in residential foreclosure actions. RPAPL §1304.

The purpose of the 90-day notice was to provide borrowers with the information necessary to seek adequate assistance in order to avoid foreclosure proceedings. However, it appears that the 90-day notice has become a homeowner’s ammunition to attempt to stall or even destroy a foreclosure action, rather than the source to obtain the proper information to protect borrowers’ homes, thereby, defeating the legislative intent.

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