RPAPL 1303 is the section of New York’s Real Property Actions and Proceedings Law that requires a mortgage lender starting a residential foreclosure to hand the homeowner a specifically formatted notice titled “Help for Homeowners in Foreclosure,” along with a separate notice for any tenants in the building. The statute was enacted in 2007 as part of the Home Equity Theft Prevention Act, and New York courts treat delivery of a compliant notice as a condition precedent to the entire foreclosure action. If the lender skips the notice, delivers it late, or gets the format wrong, the case can be dismissed.1New York State Senate. New York Real Property Actions and Proceedings Law 1303 – Foreclosures; Required Notices
Which Properties and People Are Covered
The homeowner notice requirement applies to foreclosures on owner-occupied residential property with one to four dwelling units. That covers single-family houses, duplexes, triplexes, and four-unit buildings where the borrower lives in one of the units as a primary residence.1New York State Senate. New York Real Property Actions and Proceedings Law 1303 – Foreclosures; Required Notices
Purely commercial property, buildings of five or more units without an owner-occupant, and vacant land without a habitable structure fall outside the homeowner notice. Tenants in a covered building get their own notice regardless of whether the borrower lives on-site.
When the Notice Must Be Delivered
The homeowner notice must be served at the same time as the summons and complaint that start the foreclosure lawsuit. The tenant notice has a slightly later deadline: it must be delivered within ten days of service of the summons and complaint.1New York State Senate. New York Real Property Actions and Proceedings Law 1303 – Foreclosures; Required Notices
Proof matters as much as delivery. The lender must file proof of service with the county clerk, and the court will then schedule a mandatory settlement conference within 60 days of that filing under CPLR 3408.2New York State Senate. Civil Practice Law and Rules 3408 Without a filed record showing the notices went out properly, the case does not move.
What the Homeowner Notice Must Look and Sound Like
The statute dictates the appearance of the notice down to the font. Every word of the body text must be printed in bold, 14-point type. The title, “Help for Homeowners in Foreclosure,” must appear in bold, 20-point type. The notice must be printed on colored paper that differs from the color of the summons and complaint, and it must stand on its own separate page so it cannot be buried in the lawsuit packet.3New York State Senate. Real Property Actions and Proceedings Law 1303 – Foreclosures; Required Notices
The wording of the body is prescribed by the statute. It tells the homeowner to contact an attorney or a local legal aid office right away and directs them to the New York State Department of Financial Services by listing the DFS toll-free helpline and website. The lender cannot paraphrase, shorten, or rearrange this text. Even small deviations have been held to require dismissal, as in First National Bank of Chicago v. Silver, where the court held that compliance with the notice is a mandatory condition the lender must satisfy from the outset.4New York State Law Reporting Bureau. First Natl. Bank of Chicago v Silver
The Tenant Notice
Tenants in a property that is being foreclosed on receive their own version, titled “Notice to Tenants of Buildings in Foreclosure.” The format rules mirror the homeowner notice: bold 14-point body text, bold 20-point title, colored paper, and a separate page from the summons and complaint.1New York State Senate. New York Real Property Actions and Proceedings Law 1303 – Foreclosures; Required Notices
The tenant notice explains two protections. A tenant with a legitimate lease whose rent was not substantially below market rate when signed may be entitled to stay through the end of the lease term, even after a foreclosure sale. A tenant without a lease must still be given at least 90 days’ notice before being required to leave, under RPAPL 1305.1New York State Senate. New York Real Property Actions and Proceedings Law 1303 – Foreclosures; Required Notices
Posting in Buildings With Five or More Units
In larger buildings with five or more dwelling units, the lender must also post a legible copy of the tenant notice on the outside of every entrance and exit. The posting supplements personal delivery rather than replacing it, since individual service in a bigger building can miss people.3New York State Senate. Real Property Actions and Proceedings Law 1303 – Foreclosures; Required Notices
What Happens If the Lender Does Not Comply
New York courts have consistently treated the 1303 notice as a mandatory condition precedent, and the lender carries the burden of proving compliance. If it cannot, the foreclosure action is dismissed. The Silver decision put it plainly: failure to demonstrate strict compliance “compels dismissal.”4New York State Law Reporting Bureau. First Natl. Bank of Chicago v Silver
These dismissals are typically without prejudice. The lender can cure the defect and file a new foreclosure, and the dismissal does not cancel the mortgage or wipe out the debt. What it does is reset the clock, give the homeowner time, and force the lender to start over. For a homeowner, that makes it worth inspecting the notice closely. Wrong font size, white paper instead of colored, altered or missing statutory language, late delivery, or no proof of service on file can each be grounds to challenge the case.
Because compliance is the lender’s burden, the homeowner does not need to raise the defect as an affirmative defense in the answer. The issue can be raised at any point in the litigation.
How 1303 Fits With the Other Pre-Foreclosure Notices
RPAPL 1303 is not the only notice the lender has to get right. Two companion statutes impose separate, earlier obligations, and all three are conditions precedent that a homeowner’s lawyer will look at together.
RPAPL 1304: The 90-Day Pre-Foreclosure Notice
Before filing anything in court, the lender must mail the borrower a 90-day notice in at least 14-point type, sent by both certified mail and first-class mail to the borrower’s last known address and to the property itself. The notice must list at least five housing counseling agencies serving the county where the property is located, drawn from the most current DFS listing. For borrowers with limited English proficiency, the notice must be provided in the borrower’s native language if that language is among the six most commonly spoken non-English languages in New York. Filing a foreclosure complaint before the 90-day window closes fails the statute.5New York State Senate. New York Real Property Actions and Proceedings Law 1304
RPAPL 1306: Filing With the Superintendent of Financial Services
Within three business days of mailing the 1304 notice, the lender must electronically file borrower information with the Superintendent of Financial Services, including the borrower’s name, address, phone number, and the amount claimed as due. The foreclosure complaint itself must contain a statement confirming the filing was completed.6New York State Senate. Real Property Actions and Proceedings Law 1306
What to Do If You Receive an RPAPL 1303 Notice
The notice itself is designed to point you toward help. In the first few weeks, these steps matter most:
- Read the notice against the statutory requirements. Colored paper, bold 14-point body text, 20-point bold title, prescribed language, served with the summons and complaint. Any deficiency can be a defense.
- Call the DFS helpline at (800) 342-3736 to be connected with housing counselors in your county.7New York State Department of Financial Services. Help for Homeowners: Foreclosure Bill of Rights
- Contact a housing counselor through New York’s Homeowner Protection Program at (855) 466-3456, or a HUD-approved agency at (800) 569-4287. These services are free.
- Get legal help. Many local legal aid offices represent homeowners in foreclosure at no cost, and an attorney can evaluate whether the lender satisfied the 1303, 1304, and 1306 requirements.
- Do not ignore the lawsuit. You typically have 20 to 30 days to file an answer. If you do not respond, the lender can seek a default judgment.
- Attend the mandatory settlement conference. It is your best opportunity to negotiate a loan modification or other resolution directly with the lender under court supervision.
Be cautious about anyone who contacts you offering to “save your home” for an upfront fee. Under the federal Mortgage Assistance Relief Services rule, it is illegal for a company to charge you before delivering a written offer of relief from your lender that you have accepted.8Federal Trade Commission. Mortgage Relief Scams Legitimate housing counselors approved by HUD or DFS do not charge for their services.