A mortgage lender that failed to comply with new “consumer-friendly” notice requirements has been given a second chance to get it right, but not at the borrower’s expense.
Acting Supreme Court Justice Richard Dollinger (See Profile) of Rochester said that if he simply dismissed the foreclosure for failure to provide adequate notice, as several courts have done to address violations of the Foreclosure Prevention, Tenant Protection and Property Management Act of 2009, the borrower will be in worse shape than if he had never challenged the bank, and the bank would escape any ramifications for its errors.
