New York Court of Appeals Decision Clarifies RPAPL Notice Requirements, Affirms Heightened Standard for Borrowers
Last year, as we reported, the Second Circuit requested that the New York Court of Appeals rule on two certified questions concerning predicate notices in foreclosure actions. On March 30, 2021, the Court of Appeals issued its decision in Schiffman on the questions certified by the Second Circuit concerning New York Real Property Actions and Proceedings Law (RPAPL) §§ 1304 (90-day predicate notice) and 1306 (pre-foreclosure filing with the superintendent of banks).
Adding to its string of recent decisions clarifying the law in the mortgage foreclosure arena, the Court of Appeals affirmed the heightened standard that a borrower must meet to rebut the presumption of receipt of the requisite RPAPL § 1304 notices. Specifically, the borrower(s) must show that the mailing procedure was not followed by proving the existence of a "material deviation" from standard office mailing practice; that is, the borrower(s) must establish that "the routine office practice was not followed or was so careless that it would be unreasonable to assume that the notice was mailed."
Furthermore, the Court of Appeals addressed the nature of the departure from the standard practice. It held that "there must be proof of a material deviation from an aspect of the office procedure that would call into doubt whether the notice was properly mailed, impacting the likelihood of delivery to the intended recipient." Regarding RPAPL § 1306, the Court of Appeals affirmed that in a case that involves multiple borrowers, the § 1306 filing is in compliance with the statute as long as it identifies one of the borrowers because the statute was legislated exclusively for monitoring on a statewide basis the extent of foreclosure filings within the state.
The ruling helps clarify the standards that the trial courts must apply when hearing challenges to service involving predicate notices in mortgage foreclosure proceedings.
Featured Insights

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?

Press Release
Aug 12, 2026
William Cook Honored With the Distinguished Service Award by the Chicago Bar Association

Webinar
Aug 12, 2026
John Ryan Presents on "Understanding what is Covered Under the TCPA Today"

In The News
Aug 12, 2026
Scott Seaman Analyzes California’s New Pleading Standards for Excess Insurance Policy Claims

Employment Law Observer
Aug 10, 2026
As Leaves Fall, Leave Requests Rise: Are You Compliant With Chicago’s Expanded Rules?

Press Release
Aug 7, 2026
Daniel McGrath Re-Elected Senior Director of the Federation of Defense & Corporate Counsel

Insights for Insurers Alert
Aug 7, 2026
California Supreme Court Clarifies Pleading Standards for Excess Policy Claims



