Was Your 90-Day Pre-Foreclosure Notice Valid? (RPAPL 1304 Checklist, NY)

Use the interactive checklist above to answer seven quick questions about the 90-day notice you received. New York courts require strict compliance with RPAPL 1304, and a defective notice can be a complete defense that gets a foreclosure dismissed. The notice generally must: be sent at least 90 days before the foreclosure is filed; be sent by both registered or certified mail and, in a separate envelope, by first-class mail; arrive in its own envelope, not bundled with other documents; contain the specific bold statutory warning language; list at least five approved housing counseling agencies serving your region; and go to your last known address and the mortgaged home.

Why the 90-day notice matters

Sending a proper RPAPL 1304 notice is treated as a condition precedent to a New York foreclosure — meaning the lender has to prove it did this correctly before the case can proceed. If it did not, a court can dismiss the foreclosure. These are general legal issues to raise with a licensed attorney, not a conclusion about your specific case.