Fourteen months after coming into existence, Kessler is no longer law. This week, the Court of Appeals reversed the Second Department decision in Bank of America v. Kessler decided on December 15, 2021. New York’s highest Court held that the inclusion of concise and relevant additional material does not void an otherwise proper 90-day Notice pursuant to RPAPL § 1304.
This is bad news for foreclosure defendants and great news for the banks. Since the Second Department’s decision in December 2021, numerous foreclosure matters have been discontinued or dismissed based on the Second Department’s decision. The Court of Appeal’s Reversal will surely reopen previously disposed foreclosure matters. I will be spending the next week advising my clients on how this decision impacts our cases. If you have any questions about how this may affect you, contact me to schedule a consultation.
RIP, Kessler. You were a real one.
