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 does not limit subject matter jurisdiction because mortgage foreclosure is a common-law cause of action and the legislature did not clearly alter that jurisdiction. It further held that a new EMAP notice is required before every separate foreclosure action, even when the later action is based on the same default and the mortgagee has succeeded to the predecessor’s rights. Because the plaintiff failed to provide a new notice before the second action, the judgment was ordered dismissed for failure to satisfy the condition precedent.