Strict compliance with RPAPL 1304 providing notice to the borrower is a condition precedent to the commencement of a foreclosure action. Pursuant to the statute, notice must be sent "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." A plaintiff demonstrates statutory compliance by submitting proof of the actual mailings 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.
Bank of Am., N.A. v. Sach, NY Sli[p Op 04300 (2d Dep't August 28, 2024)
