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New York · Weigh your options

How to stop a foreclosure in New York

You have more ways to stop or slow a New York foreclosure than in many states, because the lender must give notice, go to court and attend settlement conferences with you. The options narrow as the case moves forward, and the firm cutoff is the auction itself: you can stop the case by paying what is owed up until the home is sold. Nothing here is a promise of a result.

Ask for help in New York Free HUD counselor: (800) 569-4287

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

Ways to stop or delay a foreclosure in New York

  • Get help during the 90-day notice period

    As soon as the 90-day notice arrives, before the lawsuit is filed

    Call one of the housing counseling agencies listed on your notice, or HomeownerHelpNY at 1-855-HOME-456, and send your servicer a complete application for help in writing. The lender cannot file until the 90 days are up.

    N.Y. RPAPL § 1304

  • Answer the lawsuit and raise defenses

    Within 20 days if handed the papers, 30 days if served another way

    File a written answer with the court and serve a copy on the lender's attorney. The courts list common defenses such as lack of standing, improper service, and a missing 90-day notice or 'Help for Homeowners' notice. A standing defense is not lost just because you left it out of your answer.

    N.Y. CPLR 320(a); RPAPL § 1302-a

  • Use the mandatory settlement conference

    First conference within 60 days after proof of service; continue until settled or ended

    Bring pay stubs, tax returns, a budget and your mortgage statement. Both sides must negotiate in good faith, and if the lender does not, the court must at least stop interest and fees from building up during the delay and may impose penalties. A free HOPP lawyer or counselor can represent you there.

    N.Y. CPLR 3408(f), (e)

  • Raise the 6-year time limit

    In your answer, or by asking the court, before the sale

    If the loan was accelerated more than 6 years before this case was filed, the case may be too late. Under the Foreclosure Abuse Prevention Act the lender cannot reset that clock by having dropped an earlier case. Ask a lawyer to check your loan's history.

    N.Y. CPLR 213(4)

  • Reinstate or pay off the loan

    Any time before the auction

    Ask your servicer for a written reinstatement and payoff quote. New York gives no general right to cure only the missed payments after the lender demands the full balance, but many servicers allow it. Paying what is owed before the sale stops the foreclosure.

    N.Y. RPAPL § 1341

  • Ask the judge to stay the sale

    Before the auction, by order to show cause

    The courts explain that you can ask the judge to stop the sale for a good reason, such as having the money, being in the middle of a refinance, having a buyer, or having filed bankruptcy. If you never answered, you can also ask to vacate the default and file an answer.

  • File for bankruptcy

    Before the auction

    A bankruptcy filing triggers a federal stay that stops the sale, and the New York courts list it as a reason to stay a sale. It has serious long-term effects, so talk to a bankruptcy lawyer or legal services group first.

What New York law gives you

The right to catch up and stop the sale

Limited right

New York does not give a general right to catch up only the missed payments once the lender has demanded the full balance. Many mortgage contracts and servicers still allow it, so ask for a written reinstatement quote. In some cases where only part of the debt is due, paying the overdue amount plus costs before judgment can end the case, or after judgment can stop the sale. You can also stop the sale at any time before the auction by paying the full amount owed.

N.Y. RPAPL § 1341

Foreclosure mediation

Program available

New York requires a settlement conference in residential foreclosure cases where the home is a 1 to 4 family residence you live in. The court mails you the date, which is within 60 days after the lender files proof of service and a Request for Judicial Intervention. Both sides must negotiate in good faith, and the court can penalize a lender that does not. Bring pay stubs, tax returns, a budget and your mortgage statement, and go even if you are not prepared. If you have no lawyer, the law treats you as asking to proceed as a poor person, and the court can appoint a lawyer for you.

90-day pre-foreclosure notice

The lender must mail you a notice by certified or registered mail and by first-class mail at least 90 days before suing, in its own envelope, listing at least five local housing counseling agencies. The courts list a missing or faulty notice as a common defense that can get a case dismissed.

N.Y. RPAPL § 1304

Good faith settlement conference

At the conference both sides must negotiate in good faith. If the lender does not, the court must at least stop interest, costs and fees from building up during the delay, and it can impose a civil penalty of up to $25,000. Neither side may charge the other for taking part.

N.Y. CPLR 3408

Standing defense is not lost by leaving it out

In a home loan foreclosure, a defense that the lender lacks the right (standing) to sue is not waived just because it was missing from your answer. It generally cannot be raised after the sale, unless the judgment was entered on your default.

N.Y. RPAPL § 1302-a

Lenders cannot reset the 6-year time limit

A foreclosure must be brought within 6 years after the loan is accelerated. The Foreclosure Abuse Prevention Act of 2022 stops a lender from restarting that clock by dropping an earlier case or reversing its demand for the full balance. New York's highest court held in November 2025 that the law applies to older cases where the sale has not yet happened.

N.Y. CPLR 203(h), 213(4), 3217(e)

Deed theft protections

If someone claims to own your home through a stolen or fraudulent deed, a court must pause foreclosure or eviction cases while a government investigation or prosecution is pending, and a housing court judge must pause an eviction for 90 days when there is a real dispute over who owns the home. A 2024 state law also made deed theft a crime under the larceny law.

N.Y. RPAPL § 756-a

The options your servicer can offer

Common questions in New York

Is foreclosure mediation required in New York?

New York requires a settlement conference, which works much like mediation, in residential foreclosure cases where you live in a 1 to 4 family home. CPLR 3408 says the court must hold it within 60 days after the lender files proof of service. A judge, court attorney or court referee runs it, and both sides must negotiate in good faith.

What if I missed the deadline to answer my New York foreclosure?

If you go to the first settlement conference, CPLR 3408(m) gives you 30 more days from that conference to file your answer, and any default is vacated when you file. If that time has also passed, the courts say to ask the lender to agree to a late answer, or ask the judge by motion or order to show cause.

Can a New York judge punish a lender for not negotiating?

Yes. Under CPLR 3408, if a lender does not negotiate in good faith, the court must at least toll interest, costs and fees during the delay. It can also order a civil penalty of up to $25,000 or award damages and fees. Simply turning down a modification is not, by itself, bad faith.

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