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Second Department Holds that Defendant Waived Right to Vacate a Foreclosure Sale Not Held Within 90 Days of Judgment of Foreclosure and Sale
In today’s Blog, we revisit the requirement in RPAPL 1351(1) that a foreclosure sale occur within 90 days of the date of the judgment of foreclosure and sale.

Jonathan Freiberger
May 30, 20254 min read


Who is Considered a “Borrower” for Notice Purposes Under RPAPL 1304
RPAPL 1304 requires that at least ninety days before commencing legal action against a borrower with respect to a “home loan” (as defined in the relevant statutes), a lender must: send written notice to the borrower by certified and regular mail that the loan is in default; provide a list of approved housing agencies that offer free or low-cost counseling; and, advise that legal action may be commenced after ninety days if no action is taken to resolve the matter.

Jonathan Freiberger
Jun 28, 20245 min read
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