RPAPL 1304 requires at least 90 days notice to the borrower before a lender, an assignee, or a mortgage loan servicer commences the action. The statute provides the required content for the notice and provides that the notice must be sent by registered or certified mail and also by first-class mail to the last known address of the borrower. Strict compliance with the statutory notice is a condition precedent to commencing the action, and the plaintiff has the burden of establishing satisfaction of this condition.
Federal Natl. Mtge. Assn. v. Young, NY Slip Op 04292 (2d Dep't July 6, 2022)
