- Who sends it
- Your lender, the company that now owns the loan, or your servicer, by certified or registered mail and by first-class mail
- What it starts
- A wait of at least 90 days, counted from the mailing date, before a foreclosure lawsuit can be filed
- Do this first
- Call one of the counseling agencies listed on the notice, or HomeownerHelpNY at 1-855-466-3456
What this notice is in New York
Section 1304 of New York's Real Property Actions and Proceedings Law (RPAPL) says a lender or servicer must give you this notice at least 90 days before it starts a foreclosure case on a home loan. A home loan here means a loan to a person, for personal or family use, on a 1 to 4 family home or condo in New York that you live in as your main home.
The notice must be headed "YOU MAY BE AT RISK OF FORECLOSURE. PLEASE READ THE FOLLOWING NOTICE CAREFULLY" in large type. For a reverse mortgage, the heading is "YOU COULD LOSE YOUR HOME TO FORECLOSURE." It must come by registered or certified mail and also by first-class mail, to your last known address and to the home itself, in its own envelope with nothing else inside.
It must tell you how many days and how much money you are behind, list at least five approved housing counseling agencies in your county, and give the Attorney General's Homeowner Protection Program hotline and the Department of Financial Services helpline. If your main language is one of the six most common non-English languages in New York, the notice must also be in that language.
What it does and does not mean
- It is not a lawsuit. No court case exists yet, and no judge has ruled on anything.
- It is not an eviction notice. Section 1304 requires the notice to say you have the right to stay in your home until a court orders otherwise.
- It is a required first step. The law treats the notice as a condition that must be met before the lender can sue. The New York courts list a missing or faulty notice as a common defense that can get a case dismissed.
- Federal rules still apply too. Your servicer generally cannot make the first foreclosure filing until you are more than 120 days behind, so this notice often arrives during that time.
How to count the 90 days
The law says the notice counts as given on the day it is mailed, not the day you open it. Count 90 days forward from the mailing date, which is usually on the letter or the certified mail receipt. The lender cannot file the lawsuit before that day.
Two exceptions shorten the wait. If you have filed bankruptcy, or you no longer live in the home as your main home, the 90-day wait does not apply, although the notice itself is still required. The lender only has to send one notice in a 12-month period for the same loan and the same missed payments. If you catch up and then fall behind again within that time, a new notice is required.
What to do this week
- Keep the notice and its envelope. Write down the mailing date and the date you got it.
- Call one of the counseling agencies on the list, or HomeownerHelpNY (the Attorney General's Homeowner Protection Program) at 1-855-HOME-456 (1-855-466-3456). Counseling and legal help through this network is free.
- Ask your servicer, in writing, for a reinstatement figure and a loss mitigation application. Send the full application back as soon as you can.
- Read how a New York foreclosure works and how to stop a foreclosure in New York so you know what comes next.
- If the lender does sue, the next papers you get are the summons and complaint.
Scams that follow this notice
Once you are behind, you may hear from people offering to save your home for a fee or asking you to sign over your deed. New York's distressed property consultant law says a paid consultant must use a written, signed contract, cannot take any fee until all services are fully done, and must let you cancel until midnight of the 5th business day. Never sign over your deed to stop a foreclosure.
Report deed theft or a rescue scam to the New York Attorney General at 1-800-771-7755. See is this letter a scam for warning signs.
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
What if I never got a 90-day notice in New York?
Section 1304 makes the notice a condition the lender must meet before it sues. If you are sued and never got the notice, or it was sent the wrong way, raise that in your written answer and talk to a free legal services group through HomeownerHelpNY at 1-855-466-3456.
Does the 90-day notice mean I have 90 days to move out?
No. The notice must say you can stay in your home until a court orders otherwise. In New York, only a judge's judgment of foreclosure and sale can lead to an auction, and that takes a court case first.
When does the New York 90-day period start?
On the day the notice is mailed. The law says notice is given on the mailing date, so count 90 days from the date on the letter or the certified mail receipt, not from the day you read it.
Can my lender send a new 90-day notice every time I fall behind?
The lender only has to send one notice in a 12-month period for the same loan and the same missed payments. If you catch up and then fall behind again within that period, the law requires a new notice.
Other New York letters
- 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.
- 10-Day Notice to QuitAfter 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.