Guide · New York foreclosure
New York Foreclosure Process and Timeline
The short answer
New York foreclosures go through the state Supreme Court. The lender must send a 90-day pre-foreclosure notice before filing. Owners of homes they live in get a court settlement conference, usually within about two months of filing. After a judgment of foreclosure and sale, a court-appointed referee auctions the property. Once that auction is done, New York gives no right to buy the property back.
What are the steps in a New York foreclosure?
| Step | What happens | Key timing |
|---|---|---|
| 1. Missed payments | Federal rules generally bar a filing until the borrower is more than 120 days behind. | 120+ days delinquent |
| 2. 90-day notice | For home loans, the lender sends a pre-foreclosure notice listing free housing counseling agencies (RPAPL 1304). | At least 90 days before filing |
| 3. Summons and complaint | The case is filed in State Supreme Court and a notice of pendency is recorded against the property. | Answer deadline depends on how you were served |
| 4. Settlement conference | For home loans, the court schedules a conference to try to resolve the case (CPLR 3408). | Usually within about two months of filing proof of service |
| 5. Judgment of foreclosure and sale | A referee computes the debt and the judge orders a public sale. | After the case is decided |
| 6. Referee's auction | A court-appointed referee sells the property after published notice. | No right to redeem after the sale |
| 7. Deficiency | If the sale does not cover the debt, the lender may ask the court for the shortfall. | Within 90 days of the referee's deed |
How long does a foreclosure take in New York?
Usually years, not months. ATTOM's report for the third quarter of 2025 put New York's average at 1,867 days, the fourth longest in the country. Settlement conferences, court backlogs and contested cases all add time. Interest, fees and legal costs keep growing the whole way, so a long timeline steadily shrinks the owner's equity.
How does New York compare with New Jersey?
| New York | New Jersey | |
|---|---|---|
| Court process | Yes, State Supreme Court | Yes, Superior Court |
| Notice before filing | 90-day pre-foreclosure notice | Notice of Intention to Foreclose, 30 to 180 days before filing |
| Free court help | Settlement conference for home loans | Mediation, requested within 60 days of service |
| Who runs the sale | Court-appointed referee | County sheriff |
| Right to redeem after the sale | None | 10 days to object and redeem |
| Deficiency deadline | Within 90 days of the referee's deed | Lawsuit within 3 months of the sale |
Can you stop a foreclosure in New York?
- Settlement conference. Work out a loan modification, repayment plan, short sale or deed in lieu with the lender, with the court present.
- Reinstate or pay off. Bring the loan current or pay it in full before the auction.
- Sell. A sale that closes and pays the lender before the auction ends the case.
- Bankruptcy. Filing triggers an automatic stay. Speak with a bankruptcy attorney.
- Free help. New York's Homeowner Protection Program connects homeowners with free counselors and legal services at 855-HOME-456.
Common questions
Is there a right of redemption after a foreclosure auction in New York?
No. In New York the owner's right to redeem ends when the referee's sale is completed. That differs from New Jersey, where owners have 10 days after a sheriff's sale to object and redeem.
What is the 90-day notice in a New York foreclosure?
For home loans, the lender must send a pre-foreclosure notice at least 90 days before filing. It lists free housing counseling agencies the owner can contact.
What is a foreclosure settlement conference in New York?
A court meeting for home loan foreclosures where the owner, the lender and a court representative try to resolve the case through options such as a loan modification, repayment plan or short sale. Attending the first conference also extends the time to file an answer.
How long does foreclosure take in New York?
ATTOM's third quarter 2025 report put the average at 1,867 days, among the longest in the United States.
Who conducts a foreclosure sale in New York?
A referee appointed by the court, after notice of the sale is published.
Can I owe money after a foreclosure in New York?
Possibly. The lender can ask for a deficiency judgment within 90 days after the referee's deed is delivered. The amount is limited by the property's fair market value or the sale price, whichever is higher.
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This guide is general information about New York law and practice, not legal advice. Dror Partners is not a law firm or a foreclosure consultant. For advice about your case, speak with a New York attorney or the free New York Homeowner Protection Program at 855-HOME-456.