As of Feb. 14, 2023 the so called, and for lenders, infamous, “Kessler Doctrine” is gone—per a very well reasoned ruling of the Court of Appeals [Bank of America, N.A. v. Kessler, ___N.Y.3d___, ___N.E.3d___, ___N.Y.S.3d___ (Ct. of Appeals 2023)].

Lenders and servicers who make home loans will be quite familiar with the requirements in New York for a 90-day pre-foreclosure notice pursuant to RPAPL §1304. That familiarity notwithstanding, lenders are regularly defeated on summary judgment motions—or find the foreclosure dismissed outright for some glitch in the notice or inability to prove that it was sent. That is, lenders are so often banished, unable to meet the dictates.

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