Compliance with the requirements of RPAPL 1304 is a condition precedent to an action to foreclose a mortgage. (See e.g. Everhome Mtge. Co. v Aber, 195 AD3d 682 [2d Dept 2021].)
Section 1304 (1) requires inter alia that borrowers be given information about housing counseling agencies, and specifies language which must be contained in the 90-day notice, including the following:
• "YOU MAY BE AT RISK OF FORECLOSURE."
• "As of ___, your home loan is ___ days and ___ dollars in default. Under New York State Law, we are required to send you this notice to inform{**76 Misc 3d at 730} you that you are at risk of losing your home."[FN3]
• "While we cannot assure that a mutually agreeable resolution is possible, we encourage you to take immediate steps to try to achieve a resolution. The longer you wait, the fewer options you may have."
• "If you have not taken any actions to resolve this matter within 90 days from the date this notice was mailed, we may commence legal action against you."
RPAPL 1304 (2) further provides that "[t]he notices required by this section shall be sent by the lender, assignee or mortgage loan servicer in a separate envelope from any other mailing [*5]or notice."