What is an RPAPL 1304 notice?
An RPAPL 1304 notice is a mandatory written warning required under New York Real Property Actions and Proceedings Law section 1304, which lenders must send to borrowers at least 90 days before starting a foreclosure action.
New York law requires lenders to send an RPAPL 1304 notice to borrowers before filing a foreclosure lawsuit. Enacted to give homeowners time to cure defaults or explore loss mitigation options, this 90-day advance notice must be delivered at least 90 days before the lender can commence a foreclosure action under Article 15 of the Real Property Actions and Proceedings Law.
The notice must include several specific elements. It must state the borrower's right to contact the servicer or lender to discuss loss mitigation options, including loan modification, forbearance, and refinancing. The notice must identify the servicer's point of contact and provide an address for written communication. It must also explain that the borrower may be entitled to counsel at no cost through HUD-approved housing counseling agencies, and provide contact information for such agencies and legal aid organizations.
Defective or missing RPAPL 1304 notice is one of the most common defenses in foreclosure litigation in New York, particularly across the Islip Metro area. If a lender fails to send the notice, sends it improperly, or omits required information, courts may dismiss the foreclosure complaint or require the lender to restart the process. Borrowers who receive a defective notice often consult foreclosure defense attorneys to challenge the lender's compliance and potentially delay or halt proceedings.