In every potential residential foreclosure case, the lender or the lender’s attorney must provide the homeowners with a notice 90 days before the foreclosure starts pursuant to Real Property Actions and Procedure Law Section 1304. The requirements of this notice are very specific.
The homeowners each need to receive an individual letter giving them notice of the pending foreclosure. If a husband and wife or 2 owners receive notice in one envelope that does not meet the statutory requirements.
In a recent case the bank sent homeowners two (2) 90 day notices in one a single envelope jointly addressed to both of them. The homeowners challenged the notice. The court found that the methodology of sending two (2) notices in a single envelope was improper. The foreclosure was dismissed.
The Summons & Complaint
After the 90-day notice is served on the homeowners the bank’s attorneys will start working on the foreclosure documents. The first they will do is order a title report. After the 90-day period has expired they will draft a Les Pendens, which has the impact of destroying the title to the house. The Les Pendens is filed with the County Clerk’s Office.
A Summons & Complaint is drafted and filed with the County Clerk’s Office and an Index Number is obtained. The Index Number is a tracking device that denotes the case is in the legal system. The Summons & Complaint are given to a process server who thereafter serves the homeowners.
The law firm of Schlissel DeCorpo LLP has been helping families deal with mortgage and foreclosure problems for more than 30 years. We can be reached at 718-350-2802, 516-561-6645 or 631-319-8262 or by e-mail at info@sdnylaw.com.
