RPAPL 1304 states 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"
Someone told me that there is a case in New York where there was a dismissal because the 90 day notice was sent by the bank's attorney.
Is anyone familiar with this case?
Yes, the case would be dismissed if you can prove the 90 day notice was not provided.
Please understand it is not automatic. You have to make a motion to dismiss based on that ground and the lender may come back with "evidence" that it was provided, which may raise a question of fact, assuming your motion raises it properly which may require a hearing.
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