What is a RPAPL 1304 notice?
A RPAPL 1304 notice is the 90-day pre-foreclosure warning that New York lenders must send homeowners before initiating a foreclosure action, which must disclose the borrower's rights and available loss mitigation options.
Under New York Real Property Actions and Proceedings Law section 1304, residential mortgage lenders are required to send borrowers a written notice at least 90 days before filing a foreclosure lawsuit. This notice must inform the homeowner of the default, explain their right to cure the default, and provide information about loss mitigation programs including loan modification, forbearance, and other alternatives to foreclosure.
The statute requires the notice to include specific contact information and timelines for the borrower to pursue these options. Lenders must also provide notice of the right to speak with a HUD-approved housing counselor or attorney about the borrower's situation. This requirement applies to owner-occupied one-to-four-unit residential properties in New York.
A defective RPAPL 1304 notice, meaning one that fails to meet statutory requirements or is not properly served, can be raised as a defense in foreclosure proceedings. Courts have dismissed cases where lenders did not comply with notice provisions, failed to include required language, or did not provide adequate time for the borrower to explore alternatives. For homeowners facing foreclosure in the Hempstead area, working with an attorney who understands RPAPL 1304 compliance is essential to identifying procedural defects that could delay or prevent foreclosure. Foreclosure defense attorneys often review the notice carefully as part of their case evaluation.