On February 14th the NY Court of Appeals held that including additional information, such as bankruptcy disclosures, debt collection disclosures and service members' disclosures, in a 90-day preforeclosure notice is permissible and does not void such notice pursuant to Section 1304 of the New York Real Property Actions and Proceedings Law. Accordingly, a 90-day notice that includes this additional information cannot serve as a basis for the dismissal of a subsequently foreclosure action. So if you are a servicer who had a foreclosure dismissed based on the inclusion of this additional information in your pre-foreclosure notices, you should consider seeking to have that action restore. Further, you can again include this information in your pre-foreclosure notices.
