Appellate Division, Second Department, Brooklyn, NY..(David Handschuh/NYLJ).. Second Department's Strict Compliance Standard: Strictly Unfeasible?
In this Residential Foreclosure column, Morgan McCord discusses 'Bank of America v. Kessler', where the Appellate Division, Second Department answered the question of whether a lender may include information with an RPAPL 1304 90-day notice that is not mandated by the statute in the negative.
December 28, 2021 at 12:00 PM
8 minute read
Real Estate
On Dec. 15, 2021, the Appellate Division, Second Department answered the open question of whether a lender may include information with an RPAPL 1304 90-day notice that is not mandated by the statute in the negative. In a decision that purports to be in accordance with the Legislature's intent, the Second Department applied a strict compliance standard that is both unfeasible and unworkable. Even worse, the new rule, which makes the inclusion of any information that is not "expressly delineated" in RPAPL 1304 a violation of the statute, conflicts with other federal and state legislative edicts.
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