"The RPAPL § 1304 notice at issue here was sent by Nationstar Mortgage on or about November 29, 2016. At that time, there was case authority to the effect that noteholders or mortgage servicers whose{**76 Misc 3d at 727} interests were acquired after the mortgage was in default may be considered 'debt collectors' subject to the strictures of the FDCPA. See, e.g., JPMorgan Chase Bank, N.A. v Mantle, 134 AD3d 903 (2d Dept. 2015); Roth v Citimortgage Inc., 756 F.3d 178, 183 (2d Cir. 2014). It appears from the record here that the Defendant borrower defaulted on her mortgage obligations as of January 1, 2012; that post-default Nationstar acquired an interest in the mortgage by an assignment executed on October 8, 2012 and recorded December 3, 2012; and, again post-default, that plaintiff Bank of New York Mellon acquired an interest in the mortgage by an assignment executed on December 5, 2016 and recorded January 10, 2017. In November 2016, then, Nationstar had good reason to believe that the language it appended to the RPAPL § 1304 notice was required to assure its compliance with the FDCPA. If it was so required, then there arises a serious question whether Kessler's 'bright-line' rule is preempted by the FDCPA. See, 15 USC § 1692n." (Bank of N.Y. Mellon v Luria, 75 Misc 3d 1205[A], 2022 NY Slip Op 50384[U], *4-5 [Sup Ct, Putnam County 2022].)
Based inter alia on the foregoing, the court invited the parties to make supplemental submissions addressed among other things to the relevance of the Federal Fair Debt Collection Practices Act to the case at bar.