While by now this should be an old story for lenders and servicers involved with New York mortgages, the need to send a pre-foreclosure notice per RPAPL §1304 to the borrower in the home loan foreclosure case is a constant source of lender and servicer defeats when foreclosures are started. It is truly astonishing. While there is no doubt that lenders get it right at least some of the time (maybe most of the time) it seems that a majority of the reported cases—primarily the ones that are appealed—rule against the mortgage holder. Typically the issue arises at the summary judgment stage so if the foreclosing plaintiff loses there—especially after an appeal—the time consumed by the process is both extraordinary and meaningful.