Mortgage Cancellation Secrets Reveals NYC 90-Day Notice Stop Foreclosure Tips

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Foreclosure lawsuit can be dismissed when mortgage lenders fail to establish strict notice compliance.

BROOKLYN, N.Y. - eTradeWire -- Under RPAPL §1304, a mortgage loan servicer is required to provide 90-Day Notice prior to filing a foreclosure lawsuit. Mortgage Cancellation Secrets today announced important tips for using 90-Day Notice to stop foreclosures.

This notice is very important to a foreclosure matter, it gives the homeowner a chance to see if they can work with the mortgage holder to avoid foreclosure. Among several strict requirements, the notice must also provide a list of at least five non-profit foreclosure avoidance counseling groups currently operating in the homeowner's area who can help.

Mortgage Cancellation Secrets top tips to stop foreclosure raising issues on 90-day notice violations;

Make sure that the mortgage lender properly mailed a 90-day notice before the foreclosure action was commenced.

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Which the 90-day notice must also be sent by both regular and certified mail. Where often foreclosure filings commenced in New York, are missing documentation proving the mortgage loan servicer establish strict compliance to commence foreclosure actions. The 90-day notice violation can also be raised at any time and at any point during the foreclosure lawsuit.

The 90-Day Notice defense against foreclosure was successfully raised to the second department in Citimortgage v. Espinal, 134 A.D.3d (2d Dept. 2015) and Bank of NY Mellon v. Weber, 169 A.D.3d 981 (2d Dept. 2019). Where it was established that it can be raised at any time and at any point during the litigation.

The second department also established only the borrower who signed the mortgage loan documents can raise this defense, any party who is a stranger to the express Note and mortgage can not, even if the party has an interest in the subject property they still may not. Represented in Bank of NY Mellon Trust Co., N.A. v. Obadia, 2019 NY Slip Op 07561 (2d Dept. 2019).

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Mortgage Cancellation Secrets released the New York Foreclosure Defense System Forms, to help solve and train on securitization imperfections and lack of enforceable security interest against foreclosure actions in violations to Article 13.  The template forms are comprised of statutes to use New York Foreclosure Protection Bill to raise Standing issues and supporting case laws for foreclosure defense strategies on Standing.

Hurry to download the New York Foreclosure Defense System Forms at a special introductory price for a very limited time offer:

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