Plaintiff discontinues foreclosure action three years later because of Kessler violations

Some banks are taking initiative and discontinuing foreclosure actions where the RPAPL § 1304 notices contain Kessler (decided December 15, 2021) violations.

Here is a case that I have against Nationstar Mortgage in the Nassau County Supreme Court. Three years after the commencement of the foreclosure action, plaintiff is looking to discontinue the lawsuit in order to comply with recent case law affecting RPAPL § 1304. Plaintiff must now resend the 90-day notices in compliance with RPAPL § 1304 and commence whole new legal action to seek foreclosure against my client. Contact me to discuss whether your foreclosure action contains Kessler violations and grounds for dismissal.