- Who sends it
- The buyer at the foreclosure sale, often the lender, or its attorney
- What it starts
- A 10-day period after which the buyer may start an eviction case in court
- Do this first
- Check that you were shown the deed, then call HomeownerHelpNY or legal aid before the 10 days run out
What this notice is in New York
Once the referee delivers the deed to the buyer, you no longer own the home. If you are still living there, RPAPL § 713(5) lets the buyer bring a special court case to remove you, but only after the home was sold in foreclosure, the deed or a certified copy of it was shown to you, and a 10-day notice to quit was served on you.
The notice to quit is a demand to leave. It is not a court order. Only a court can order an eviction, and only a sheriff, marshal or other officer can carry it out.
What it does and does not mean
- It does not let anyone remove you or your things when the 10 days end.
- It does mean the buyer can file an eviction case after the 10 days. You will get court papers with a hearing date, and you can raise problems with the notice or the deed there.
- If you rent the home from the former owner, you have separate rights under RPAPL § 1305. The tenant notice required by RPAPL § 1303 says a tenant with a lease can generally stay for the rest of the lease, and a tenant without one until 90 days after the new owner gives notice.
- If someone claims to own your home through a fraudulent deed, RPAPL § 756-a says the judge in the eviction case must pause it for 90 days when there is a real dispute over who owns the home, and must pause it until a criminal deed theft case about the home is resolved.
How the time is counted
The 10 days run from when the notice to quit is served on you in the way the law requires for these cases. The buyer cannot start the court case until that time has passed. If the buyer wins, RPAPL § 749 says the officer must give you at least 14 days' written notice before carrying out the warrant of eviction, and can only carry it out on a business day between sunrise and sunset.
The law does not say whether weekends count in these periods, so ask the court clerk or a lawyer how they are counted in your court and plan your move early.
What to do this week
- Write down the date you got the notice and whether the deed or a certified copy was shown to you.
- Call HomeownerHelpNY at 1-855-HOME-456 or search LawHelpNY for free legal help with the eviction case.
- If you received a cash for keys offer, read it carefully and get any agreement in writing.
- Check the court file for surplus money from the sale and file a claim. See New York foreclosure surplus funds.
- Watch for a deficiency motion. The lender must ask the court within 90 days after the deed is delivered, or the sale counts as full payment. See New York deficiency judgments.
- Read after a New York foreclosure sale and our national notice to vacate page.
Scam warnings
Be wary of anyone who says they can undo the sale for a fee, or who asks you to sign papers about your surplus money. Claiming surplus yourself is allowed. Report deed theft or scams to the New York Attorney General at 1-800-771-7755.
The rest of the New York process
See how foreclosure works in New York, the timeline, ways to stop it and free help in New York, or read the national guide to this letter.
Common questions
Can the new owner change the locks after a New York foreclosure sale?
No. Under RPAPL § 713(5), the new owner must show you the deed, serve a 10-day notice to quit, and win an eviction case in court. An officer must then give at least 14 days' written notice before the eviction under RPAPL § 749.
What happens when the 10 days on my New York notice to quit end?
Nothing happens to you automatically. The buyer can then file an eviction case. You will be served with court papers and can appear and raise defenses at the hearing.
I rent the home. Does the 10-day notice apply to me?
Tenants have their own protections under RPAPL § 1305. Under the tenant notice in RPAPL § 1303, a tenant with a lease can generally stay for the rest of the lease, and a tenant without a lease until 90 days after the new owner gives notice. Rent-stabilized and rent-controlled tenants keep those protections. Talk to legal aid about your situation.
Other New York letters
- 90-Day Pre-Foreclosure NoticeNew 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.
- Summons and Complaint, with the Help for Homeowners in Foreclosure noticeA 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.
- Settlement conference noticeIn 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.
- Judgment of Foreclosure and SaleA 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.
- Notice of SaleA 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.