Few legislative enactments applicable to residential mortgage foreclosure proceedings have engendered as much litigation as Real Property Actions and Proceedings Law (RPAPL) §1304. RPAPL §1304(1) imposed the requirement on lenders and loan servicers foreclosing on residential property that, at least 90 days before commencing legal action, they must provide the borrower with the form of notice prescribed by the statute, which provides, among other things, notice to the borrower of the impending legal action.
The notice required by RPAPL §1304(1) is commonly referred to as the 90-day pre-foreclosure notice. RPAPL §1304(2) provides that the 90-day pre-foreclosure notice must be sent by the lender or loan servicer “by registered or certified mail and also by first-class mail to the last known address of the borrower, and if different, to the residence that is the subject of the mortgage.”
