New York · What this letter means
New York foreclosure letters and notices
The papers New York homeowners receive, in the order they usually arrive. Each page uses the name on the New York document, explains the deadline it starts under New York law, and lists what to do this week.
- Step 1
90-Day Pre-Foreclosure Notice
New York law makes your lender mail this notice at least 90 days before it can sue to foreclose. It is a warning, not a lawsuit and not an eviction. It lists free housing counselors near you, and the 90 days are your window to work something out before a court case starts.
What it means - Step 2
Summons and Complaint, with the Help for Homeowners in Foreclosure notice
A summons and complaint starts the foreclosure lawsuit in the New York State Supreme Court in your county. You have 20 or 30 days to answer, depending on how the papers reached you. A separate colored page called Help for Homeowners in Foreclosure must come with them and explains that you can stay in your home during the case.
What it means - Step 3
Settlement conference notice
In most New York home foreclosures, the court must hold a settlement conference to look for a way to avoid foreclosure. The court mails you the date, time and place. Go even if you are not ready, because going also gives you 30 more days to answer if you missed your deadline.
What it means - Step 4
Judgment of Foreclosure and Sale
A judgment of foreclosure and sale is the judge's order that your home be sold at auction by a referee or the sheriff. Under RPAPL § 1351, the sale must be held within 90 days of the judgment date. You still own the home until the sale, and you can still stop it by paying what is owed or getting a judge to stay it.
What it means - Step 5
Notice of Sale
A New York notice of sale announces the date, time and place of the foreclosure auction. It is published in a local newspaper, usually once a week for 4 weeks. You can still stop the sale up until the home is sold, but every option needs fast action.
What it means - Step 6
10-Day Notice to Quit
After a New York foreclosure sale, the new owner cannot just change the locks. It must show you the deed, serve a 10-day notice to quit, and then win an eviction case in court. Even then, an officer must give you at least 14 days' written notice before the eviction.
What it means
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