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Foreclosure sale date set in New York: what you can still do

If your New York foreclosure sale is scheduled, you can still stop it right up until the home is sold, but each option needs fast action. A sale is stopped by paying what is owed, by a judge's signed order staying it, by a bankruptcy filing, or by the lender agreeing to cancel or postpone. Start by confirming the sale is still on, then work through the options below. None of them is guaranteed.

Free HUD counselor: (800) 569-4287

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

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For example: a sale date, what your servicer has told you, or what changed in your income. Please do not include your loan number, Social Security number or bank details.

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Options still open before a sale in New York

  • Confirm the sale is still scheduled

    Today, and again the day before the sale

    The notice of sale is published in a local newspaper and names the date, time, place and referee. Check your case file on the courts' e-filing system, and call the referee named in the judgment or the lender's attorney. The sale must take place within 90 days of the judgment.

    N.Y. RPAPL §§ 231, 1351(1)

  • Ask the lender to postpone

    As early as possible before the sale

    If you have a modification application pending, a refinance in progress, or a buyer for the home, tell the servicer and the lender's attorney in writing and ask them to adjourn the sale. Get any agreement in writing.

  • Ask the judge to stay the sale

    The signed order must be in place before the auction

    File an order to show cause asking the judge to stop the sale and to stay it until the judge decides. The courts list good reasons such as having the money, a refinance, a buyer, or a bankruptcy filing. A court help center or legal services group can help you prepare it.

  • Vacate a default judgment

    Before the auction

    If you never answered the complaint, you can ask the court to vacate the default judgment and let you file an answer, if you have defenses. A standing defense generally cannot be raised after the sale unless the judgment was entered on your default, so act now.

    N.Y. RPAPL § 1302-a

  • Pay what is owed

    Up until the home is sold

    Ask the lender's attorney for a written payoff or reinstatement figure good through the sale date. Paying what is owed before the auction stops the foreclosure.

    N.Y. RPAPL § 1341

  • File bankruptcy

    Before the auction

    A bankruptcy filing triggers a federal stay of the sale. Make sure the referee and the lender's attorney get proof of the filing before the sale. Talk to a bankruptcy lawyer or legal services group first, because it affects all your debts.

Call today, not tomorrow

With a sale on the calendar, every option above has a cutoff. A free HUD-approved housing counselor can call your servicer with you today: (800) 569-4287. For legal aid and court help, see free foreclosure help in New York.

Common questions in New York

Will the lender tell me about the auction date in New York?

Only if you took part in the case. The New York courts warn that if you did not file an answer or a notice of appearance, the lender does not have to tell you about the auction. Filing a notice of appearance, even if you do not plan to fight the case, keeps you on the notice list.

Can I stop a New York foreclosure auction on the day of the sale?

Only in narrow ways: paying what is owed, getting a signed order from the judge staying the sale, or filing bankruptcy before the auction starts. Each is hard to arrange in a few hours, so start as soon as you learn the date. Call HomeownerHelpNY at 1-855-HOME-456 for free legal help.

Can I still get a loan modification after a New York sale date is set?

The New York courts say you can keep trying to work with the lender on a modification up until the home is sold, especially if your income has improved. Send a complete application and ask in writing that the sale be postponed while it is reviewed. A pending application alone does not cancel the sale unless the lender or the judge agrees.

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.

Back to the New York overview

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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