KeyBank, N.A. v. Yazar

Summary

The court held that the EMAP notice requirement is a mandatory condition precedent to a mortgage foreclosure action, but it does not limit subject matter jurisdiction because mortgage foreclosure remains a common-law cause of action. The court further held that a new EMAP notice is required before each separate foreclosure action, even when successive actions arise from the same default and the mortgagee has succeeded to the predecessor's rights. Because no new notice was sent before the second action, the action had to be dismissed, although not for lack of jurisdiction.