Hi listmates, I recently represented a defendant in a residential mortgage foreclosure action and won after a bench trial.  The judge correctly ruled that the plaintiff did not properly show compliance with RPAPL 1304 (the 90 day pre-foreclosure notice requirement) and has asked me to prepare a proposed order.  Rather than trying to reinvent the wheel, does anyone have a sample order dismissing the action after a bench trial?  Matt Worner mtw@wornerlaw.com.

 

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