The Role of a Foreclosure Attorney in Safeguarding Your Home | Ronald D. Weiss, PC
Can a foreclosure action be dismissed where the Plaintiff sent the 90 Day Pre Foreclosure Notices to Both Borrowers in the same envelope? The Law Office of Ronald D. Weiss, PC has obtained Dismissal Orders from Supreme Court Judges dismissing actions on the grounds that these 90 Day Notices do not comply with RPAPL §1304.These cases were US Bank National Association v. Jongebloed (Suffolk Index # 6798/2013 and US Bank National Association v. Dunne ( Suffolk Index # 611756/2017). In Wells Fargo Bank, N.A. v. Yapkowitz, 199 AD3d 126, 155 NYS3d 163 (2nd Dept. 2021), the Appellate Division held that: “We hold that the mailing of a 90-day notice jointly addressed to two or more borrowers in a single envelope is not sufficient to satisfy the requirements of RPAPL 1304, and that the plaintiff must separately mail a 90-day notice to each borrower as a condition precedent to commencing the foreclosure action.” The Appellate Division provided the...