90 Day Pre-foreclosure Notice. Lender must mail you information on getting help at least 90 days before starting a court case.These Foreclosure Forms are for All Courts that preside over Residential Foreclosure Cases. This Residential Foreclosure Actions Consumer Bill of Rights provides guidance to homeowners facing foreclosure in New York. An action may be maintained to foreclose a lien upon a chattel, for a sum of money, in any case where such a lien exists at the commencement of the action. A lender, assignee, or mortgage loan servicer must file the 90-day notice, and other certain information, with the Superintendent of the Department of Financial.