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90 Day Pre-foreclosure Notice. Lender must mail you information on getting help at least 90 days before starting a court case.Step 1 requires a filing within three business days after mailing a 90-day pre-foreclosure notice and is designed to capture the most relevant information. Step 3 filings are required for loans that received a Judgment of Foreclosure and Sale that had previously received a 90-day pre-foreclosure notice. Under New York State law, the mortgage holder must mail you a 90 Day Pre-Foreclosure Notice at least 90 days before starting a foreclosure case. The servicer must conduct the foreclosure in Fannie Mae's name when Fannie Mae is the mortgagee of record for all mortgage loans except those for which: There are six key steps of a foreclosure, starting with the borrower defaulting on their mortgage payments and ending with their eviction from the property. The 90day notice requirement for all home loans (effective January 14, 2010) has proven to be somewhat confusing. There are a number of programs to assist homeowners who are at risk of foreclosure and otherwise struggling with their monthly mortgage payments. Mortgage and Foreclosure Information FAQ.