Can the 90 Day Pre-foreclosure Notices be mailed to the Borrowers by Counsel for the Lender
Pursuant to RPAPL §1304 (1) At least 90 days before a lender, assignee or mortgage servicer commences a foreclosure action concerning a “home loan”, the lender, assignee or servicer shall giver the Borrower the notice required pursuant to the statute, which is commonly referred to as the 90 day Notices. Subdivision 2 of the Statute specifically provides that “the notices required by this section shall be sent by such lender, assignee (including purchasing investor) 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…” While the statute does not specifically grant the authorization to counsel for the lender, assignee or mortgage servicer to sent the 90 day notices, the NYS Courts have ruled that counsel could send the notices. In Flagstar Bank, FSB v. Mendoza, 139 AD3d 898, 32 NYS3d 278 (2nd Dept. 2016), the Appellate ...