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New York · Understand the process

How long does foreclosure take in New York?

A New York foreclosure is one of the slower ones in the country because every case goes through the courts. The New York courts say the court case alone takes about a year from filing to sale. Before that come the federal 120-day wait and the state's 90-day notice, which usually run at the same time. The fixed periods below are minimums, not a prediction for your case.

The short answer: At the very least, roughly 9 months from the first missed payment to a sale: the 120-day federal waiting period (the 90-day state notice usually runs during it), 20 or 30 days to answer, a settlement conference within 60 days after proof of service is filed, time for the court to enter judgment, and about 4 weeks of sale notices. This is a minimum, not a prediction. The New York courts say the court case alone takes about a year from filing to sale, and many cases take longer.

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

The foreclosure timeline in New York, phase by phase

  1. Missed payments and the 90-day notice

    Day 1 to about day 120

    Your servicer generally cannot file until you are more than 120 days behind. The 90-day state notice must be mailed at least 90 days before the case is filed, so it often arrives during this period. Applying for help in writing now gives you the most room.

    N.Y. RPAPL § 1304

  2. Lawsuit served and time to answer

    20 or 30 days after service

    The lender must file proof of service within 20 days of serving you. Your answer is due in 20 days if the papers were handed to you or 30 days if served another way, counting weekends and holidays. Delays in serving you lengthen this phase.

    N.Y. CPLR 320(a), 3408(a)

  3. Settlement conference phase

    First conference within 60 days after proof of service; often several sessions over months

    The first conference must be held within 60 days after proof of service is filed. Conferences are often continued several times while a modification is reviewed. Most motions are put on hold while the settlement process goes on.

    N.Y. CPLR 3408(a), (n)

  4. Court case to judgment

    Often several months to a year or more

    If there is no settlement and you answered, the case moves to discovery and possibly a summary judgment motion or trial. A referee computes what is owed before the judge signs the judgment. Answering and raising defenses usually adds time; a default shortens it.

  5. Judgment to auction

    Within 90 days of the judgment, after about 4 weeks of published notice

    The sale must be held within 90 days of the judgment. Notice runs in a newspaper once a week for 4 weeks, or twice a week for 3 weeks. The judge can stay the sale on an order to show cause.

    N.Y. RPAPL §§ 231, 1351(1)

  6. Auction to move-out

    10-day notice to quit, then a court case; at least 14 days' notice before the eviction

    After the deed is delivered, a new owner must show you the deed, serve a 10-day notice to quit, and win an eviction case. The officer must then give at least 14 days' written notice before carrying out the eviction warrant.

    N.Y. RPAPL §§ 713(5), 749

New York deadlines written into the law

Pre-foreclosure notice before any lawsuitN.Y. RPAPL § 1304At least 90 days before the lender files
Time to answer the foreclosure lawsuitN.Y. CPLR 320(a), 3408(m)20 days if handed to you, 30 days if served another way; 30 more days if you attend the first settlement conference
Mandatory settlement conferenceN.Y. CPLR 3408(a)Within 60 days after the lender files proof of service
Judgment to saleN.Y. RPAPL § 1351(1)Sale must be held within 90 days of the judgment
Lender's deadline to ask for a deficiency judgmentN.Y. RPAPL § 1371(2)90 days after the deed is delivered to the buyer
Claiming surplus moneyN.Y. RPAPL § 1361File a written notice of claim with the clerk before the referee's report of sale is confirmed

Your own dates are on the notices you received. If a notice and this page disagree, trust the notice and ask a counselor or lawyer.

Common questions in New York

How long does a foreclosure take in New York from the first missed payment?

There is no fixed number, but it is rarely fast. HomeownerHelpNY, the Attorney General's homeowner help network, says the process can take almost 15 months from the first missed payment. The New York courts say the court case alone takes about a year from filing to sale.

How soon after the judgment is the foreclosure sale in New York?

Under RPAPL section 1351, the sale must be held within 90 days of the date of the judgment. Before that, notice must be published in a local newspaper, usually once a week for 4 weeks. Your judgment names the referee who will run the sale.

Does the settlement conference stop the New York foreclosure clock?

While the settlement process is going on, most motions in the case are held in abeyance under CPLR 3408(n). That does not cancel your deadline to answer. If you missed it but attend the first conference, you have 30 more days to file your answer.

Can an old New York foreclosure case be restarted to get around the time limit?

A foreclosure must be brought within 6 years after the loan is accelerated. Under the Foreclosure Abuse Prevention Act, a lender cannot restart that clock by dropping an earlier case or reversing its demand for the full balance. New York's Court of Appeals held in November 2025 that the law applies to older cases where the sale has not happened. Ask a lawyer whether this applies to you.

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