Pursuant to RPAPL 1304(1), "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." The notice "shall be sent by such lender, assignee . . . or mortgage loan servicer to the borrower, by registered or certified mail and also by first-class mail to the last known address of the borrower, and to the residence that is the subject of the mortgage," pursuant to § 1304[2]. A plaintiff demonstrates compliance with the statute by proof of the requisite mailing, such as affidavits of mailing or domestic return receipts with signatures, or proof of a standard office mailing procedure designed to ensure that items are properly addressed and mailed, sworn to by someone with personal knowledge of the procedure.
U.S. Bank N.A. v. Pickering-Robinson, NY Slip Op 04775 (2d Dep't August 25, 2021)
Tomorrow's issue: Tenants-in-common and adverse possession.
