RPAPL 1304(1) provides that, "at least ninety days before a lender, an
assignee or a mortgage loan servicer commences legal action against the
borrower, including mortgage foreclosure, such lender, assignee or
mortgage loan servicer shall give notice to the borrower." Pursuant to 1304(2), the notice must be sent by registered or certified mail
and by first-class mail to the borrower's last known address. Proper service of notice is a condition precedent to the commencement of the action, and the plaintiff has the burden of establishing satisfaction of
this condition.
Bank of Am., N.A. v. Wheatley, NY Slip Op 01175 (2d Dep't February 21, 2018)
Here is the decision.
