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What happens after a foreclosure sale in New York

After a New York foreclosure auction, the referee delivers a deed to the buyer and you no longer own the home. New York gives no right to buy the home back after the sale. What still matters is how long you can stay, whether the lender asks for a deficiency judgment within its 90-day window, and whether there is surplus money you can claim.

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Reviewed against New York law and official sources on October 12, 2026. General information, not legal advice.

What happens after the sale in New York, in order

  1. Deed delivered to the buyer

    After the auction

    The referee or sheriff who ran the sale delivers a deed to the winning bidder, often the lender. Your right to stop the foreclosure by paying ends with the sale.

  2. Report of sale and confirmation

    After the auction; surplus claims must be filed before confirmation

    The referee files a report of sale with the court. Anyone who wants surplus money must file a written notice of claim with the clerk before that report is confirmed, so watch your case file closely.

    N.Y. RPAPL § 1361

  3. Notice to quit and eviction case

    10-day notice to quit after the deed is shown to you

    If you are still in the home, the new owner must show you the deed or a certified copy, serve a 10-day notice to quit, and then win an eviction case in court. You can raise problems with the notice in that case.

    N.Y. RPAPL § 713(5)

  4. Eviction warrant

    At least 14 days' written notice before it is carried out

    Only a sheriff, marshal or other officer can carry out an eviction, and only after giving at least 14 days' written notice. Plan your move before this point so your belongings are safe.

    N.Y. RPAPL § 749

  5. Deficiency judgment

    Lender must move within 90 days after the deed is delivered

    If the sale did not cover the debt, the lender can ask the court for a deficiency judgment. The court sets the home's fair market value, and the deficiency is the debt minus that value or the sale price, whichever is higher. If the lender misses the 90 days, it cannot collect a deficiency.

    N.Y. RPAPL § 1371

  6. Surplus money

    Paid into court within 5 days of the sale; claim before the report of sale is confirmed

    If the home sold for more than what was owed plus costs, the officer who ran the sale must pay the extra into court within 5 days. The court decides who gets paid, lienholders first by priority and then the former owner. You can file the claim yourself, and HOPP legal services groups help with surplus claims.

    N.Y. RPAPL §§ 1354(4), 1361

The three questions that matter after a sale

Can I get the home back in New York?

No redemption after sale

You can stop the foreclosure by paying what is owed at any time up until the home is sold. The New York courts call this the right of redemption. Once the auction sale is complete, there is no period to buy the home back.

Can the lender come after me for the rest?

Limited

The lender can ask the court for a deficiency judgment, but only by a motion made within 90 days after the deed is delivered to the buyer. The amount is the debt minus the home's fair market value or the sale price, whichever is higher, and the court decides the value. If the lender does not make the motion in time, the sale is treated as full payment of the mortgage debt.

N.Y. RPAPL § 1371

What if the home sold for more than I owed?

If the home sells for more than what is owed plus costs, the referee or sheriff who ran the sale must pay the extra money into court within 5 days. Lienholders and the former owner can claim it. File a written notice of claim with the clerk where the report of sale is filed, stating what you claim and your address, before the report of sale is confirmed. The court then decides who gets paid and in what order. You can apply yourself, and free legal services groups help with surplus claims.

N.Y. RPAPL §§ 1354(4), 1361

Common questions in New York

Can I buy my home back after a New York foreclosure sale?

No. The New York courts explain that you can stop the foreclosure by paying what is owed up until the home is sold, but once the sale is complete you lose the home. New York has no period after the sale to redeem it.

How much can a New York lender collect from me after foreclosure?

Under RPAPL section 1371, a deficiency is limited to the debt minus the home's fair market value or the sale price, whichever is higher, and the court decides the value. The lender must ask within 90 days after the deed is delivered. The courts note that a deficiency judgment can be collected for up to 20 years, but it can be discharged in bankruptcy.

How do I claim surplus money after a New York foreclosure sale?

File a written notice of claim with the clerk of the court where the report of sale is filed, stating what you claim and your address, before the report of sale is confirmed. The court then decides the claims under RPAPL section 1361. Ask the clerk or a court help center, or call HomeownerHelpNY at 1-855-HOME-456 for free help.

How long can I stay in my home after a New York foreclosure auction?

The new owner cannot simply change the locks. It must show you the deed, serve a 10-day notice to quit, and win an eviction case, and then an officer must give at least 14 days' written notice before the eviction. How long all of that takes depends on the court.

Step by step

More on foreclosure in New York

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. NY CourtHelp: Avoiding Foreclosure (Loss Mitigation)
  2. NY Courts: Remote Bidding in Foreclosure Auctions (Administrative Order 150/25)
  3. NY CourtHelp: Foreclosure Resources
  4. Empire Justice Center: Foreclosure Prevention (HOPP anchor partner)
  5. N.Y. RPAPL § 1304, Required prior notices (90-day notice)
  6. N.Y. RPAPL § 1303, Foreclosures; notice ('Help for Homeowners in Foreclosure')
  7. N.Y. RPAPL § 1320, Special summons requirement
  8. N.Y. CPLR 3408, Mandatory settlement conference in residential foreclosure actions
  9. N.Y. CPLR 320, Defendant's appearance
  10. N.Y. CPLR 213, Actions to be commenced within six years
  11. N.Y. RPAPL § 1302-a, Standing defense
  12. N.Y. RPAPL § 1341, Payment into court before or after judgment
  13. N.Y. RPAPL § 1351, Judgment of foreclosure and sale
  14. N.Y. RPAPL § 231, Notice of sale
  15. N.Y. RPAPL § 1354, Distribution of proceeds of sale
  16. N.Y. RPAPL § 1361, Application for surplus
  17. N.Y. RPAPL § 1371, Deficiency judgment
  18. N.Y. RPAPL § 713, Grounds where no landlord-tenant relationship exists
  19. N.Y. RPAPL § 749, Warrant of eviction
  20. N.Y. RPAPL § 756-a, Stay of proceedings involving title or possession (deed theft)
  21. N.Y. Real Property Law § 265-a, Home equity theft prevention
  22. N.Y. Real Property Law § 265-b, Distressed property consulting contracts
  23. Van Dyke v U.S. Bank, N.A., 2025 NY Slip Op 06537 (N.Y. Court of Appeals, Nov. 25, 2025) (FAPA applies retroactively)
  24. NY Courts: Foreclosure Information for Homeowners (settlement conferences)
  25. NY CourtHelp: Foreclosure Case Basics
  26. NY CourtHelp: Answering a Foreclosure Case
  27. NY CourtHelp: Foreclosure Settlement Conferences
  28. NY CourtHelp: Foreclosure Judgments
  29. NY CourtHelp: Deficiency Judgments After Foreclosure
  30. NY CourtHelp: 90 Day Pre-Foreclosure Notice
  31. NY CourtHelp: Common Defenses in a Foreclosure Case
  32. NYS Homes and Community Renewal: Homeowners (HAF closed)
  33. U.S. Treasury: Homeowner Assistance Fund (period of performance ended September 30, 2026)
  34. Governor Hochul: actions to combat deed theft (June 17, 2026)
  35. New York Attorney General: Homeowners (HOPP, Protect Our Homes)
  36. HomeownerHelpNY: Foreclosures