THERE ARE certain procedural hurdles in New York that a lender must overcome in order to foreclose its mortgage, including ��1301 and 1371 of the New York Real Property Actions and Proceedings Law (RPAPL). Recent case law indicates that the interpretation and requirements of these sections of the RPAPL are still being litigated and clarified by the courts. This article discusses, from a practitioner’s point of view, some of the fine points that have recently been addressed in various cases and how to proceed given the results of these litigations.[1]

‘One Action’ Rule