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Robin S. Abramowitz Successful on Motion for Summary Judgment in Mortgage Foreclosure Action Where Defendant Claimed 90 Day Notice Not Served

Robin S. Abramowitz of the Firm’s Litigation Practice Group was successful on plaintiff’s motion for summary judgment where defendant opposed the motion on the basis that a 90 day notice pursuant to RPAPL §1304 was not served. Defendant claimed the failure to serve a 90 day notice as mandated by RPAPL §1304 before commencing the foreclosure action required denial of the motion and dismissal of the complaint.  In rejecting the argument, the court found that, as was noted by the attorneys for the plaintiff, plaintiff was not a lender, assignee or mortgage loan servicer  as defined under RPAPL §1034 and Banking Law §590 and, therefore, it was not required to provide §1304 notice before commencing the action. Thus, the court granted plaintiff’s motion to foreclosure on the note and the mortgage and for an order of reference.