By: Michael L. Moskowitz and Michele K. Jaspan

Appellate Update: Foreclosure Notice Requirements and Challenge to Standing When the Mortgage to Be Foreclosed is Assigned By MERS by Michael MoskowitzWe have previously written about the strict requirements of the requisite notice which must be sent to a borrower before commencement of a residential foreclosure action in New York. New York’s Real Property Actions and Proceedings Law (“RPAPL”) § 1304 requires a mortgage lender to notify a residential home borrower of an impending foreclosure action at least 90 days before the foreclosure action is commenced, using specific statutory language, printed in 14-point type, sent by registered or certified mail, as well as by first class mail, to the borrower (“RPAPL 1304 NOTICE”). The statute does not specifically address whether lender’s counsel may send the RPAPL 1304 NOTICE on behalf of its client.