New York · Judicial state · RPAPL Article 13

New York sues you first. Then it takes years.

Nobody can take your home here without filing a lawsuit, serving you, and convincing a judge. That makes New York one of the slowest states in the country to foreclose — and it makes doing nothing the single most expensive choice available.

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Each is a different statute.

A co-op is not real estate.

When you first fell behind.

Local pace is the variable.

FHA and VA add steps.

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New York gives you more time than most states, and almost every protection on this page only works if somebody actually uses it. Filing an answer is free and it is the highest-value thing you can do.

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Step one

Make the call.

Call your mortgage servicer (the number is on your statement) before the next payment is due, or today if you are already behind. Servicers have programs for people who lose a job, get sick or hit a rough patch, but they only start when you ask. A foreclosure costs them money too.

What to say

“I’ve had a hardship and I want to keep my home. Please send me a loss mitigation application and tell me every option for my loan.” If your loan is FHA, VA or USDA, ask about that program’s options by name.

What to have ready

Your latest mortgage statement, recent pay stubs or unemployment letter, two months of bank statements, last year’s tax return, and a short hardship letter. Expect a lot of paperwork. Send all of it, because a complete application is what protects you.

Write everything down

Date, time, who you spoke to and what they said. Keep copies and proof of when you sent your papers. A complete application more than 37 days before a sale stops that sale while they decide.

Don’t want to call alone? A free HUD-approved counselor will help: 1-800-569-4287. And if the home is ever sold at auction, ask about surplus funds: money left over after the debt is paid can belong to you, but you usually have to claim it.

What New York gives you

Rights that exist because the property is in New York, whatever a servicer tells you on the phone.

Free, today, no catch

Where to get real help, free

A housing counselor shaking hands with a homeowner at a kitchen table
A free counselor can read your papers with you before any deadline.

Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.

HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor whether yours does.

Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.

A tidy suburban house in the evening light
Your rights depend on your state, your loan, and how far the case has gone.
Status of this page

Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a New York foreclosure attorney confirm anything that matters before you act.

Questions people ask about New York foreclosure

Short answers, each one sourced to the statute cited on this page.

How long does foreclosure take in New York?

A typical uncontested New York foreclosure runs roughly 1,016 days, nearly three years, from the first missed payment to the auction. New York is a judicial state, so the lender must file a lawsuit, serve you, and obtain a judgment before any sale. A mandatory settlement conference under CPLR 3408 adds substantial time.

Is New York judicial or non-judicial?

New York is a judicial foreclosure state. Nobody can sell your home without first suing you in State Supreme Court and obtaining a judgment of foreclosure and sale.

How long do I have to answer a foreclosure summons in New York?

Twenty days if the papers were handed to you in person, and thirty days for every other method of service, including service left with another person or posted and mailed. CPLR 320.

Is there a right of redemption after a foreclosure sale in New York?

No. New York has no post-sale statutory right of redemption on a mortgage foreclosure. Your equity of redemption — the right to pay the full debt and stop the sale — runs only until the final bid is taken.

What is the 90-day notice in New York?

RPAPL 1304 requires a pre-foreclosure notice sent at least 90 days before a lawsuit may be filed, in 14-point type, listing at least five housing counselling agencies, sent both certified and first-class in separate envelopes.

Last verified: October 18, 2026. Every deadline and citation on this page was checked against New York law and the federal rules it cites. Laws change during the year, so if something here looks out of date or wrong, tell us and we will check it against the law.

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