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HSBC BANK USA v. RICE

4844, 850353/13, 374.

155 A.D.3d 443 (2017)

63 N.Y.S.3d 382

2017 NY Slip Op 07936

HSBC BANK USA, Respondent, v. PAULA RICE, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 14, 2017.

RPAPL 1304 notice "shall be sent by [the] lender, assignee (including purchasing investor) or mortgage loan servicer to the borrower, by registered or certified mail and also by first-class mail to the last known address of the borrower, and to the residence that is the subject of the mortgage" (RPAPL 1304 [2]). Proper service of a RPAPL 1304 notice containing the statutorily-mandated content is a condition precedent to the commencement of a foreclosure action, and plaintiff...

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