New York Clears Up What Can Be Included in a Pre-Foreclosure Notice

Saul Ewing LLP
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Saul Ewing LLP

On February 14th the NY Court of Appeals held that including additional information, such as bankruptcy disclosures, debt collection disclosures and service members' disclosures, in a 90-day preforeclosure notice is permissible and does not void such notice pursuant to Section 1304 of the New York Real Property Actions and Proceedings Law. Accordingly, a 90-day notice that includes this additional information cannot serve as a basis for the dismissal of a subsequently foreclosure action. So if you are a servicer who had a foreclosure dismissed based on the inclusion of this additional information in your pre-foreclosure notices, you should consider seeking to have that action restore. Further, you can again include this information in your pre-foreclosure notices.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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