- Who sends it
- The court signs it; the lender's attorney usually serves a copy on parties who appeared in the case
- What it starts
- A 90-day window, counted from the date of the judgment, in which the auction must be held
- Do this first
- Find the judgment date and the referee's name, then call a free lawyer through HomeownerHelpNY
What this document is in New York
If the case does not settle, the lender can win by default, by a summary judgment motion, or at trial. The New York courts explain that the judge first signs an order of reference sending the case to a referee, who adds up what you owe. The judge then signs the judgment of foreclosure and sale.
Under RPAPL § 1351(1), the judgment orders the home sold by the sheriff or a referee within 90 days of the date of the judgment. For a 1 to 4 family home, the judgment must also list your mortgage servicer's name and phone number.
What it does and does not mean
- It does not end your ownership. You still own the home until it is sold and the deed is delivered.
- It does not mean you must move now. A buyer must still go to court before anyone can make you leave. See the 10-day notice to quit.
- It does start the clock toward an auction. The next paper is the notice of sale, published in a newspaper.
- If you never answered or filed a notice of appearance, the New York courts warn that the lender does not have to tell you about the auction. Check the court file yourself.
How to count the 90 days
Start from the date the judge signed the judgment, which is on the document and in the court file. The sale must be held within 90 days of that date. Because the notice of sale must run in a newspaper for about 4 weeks before the auction, the sale date is often set soon after the judgment.
You can stop the foreclosure by paying what is owed at any time up until the home is sold. Once the auction is complete, New York gives no period to buy the home back.
What to do this week
- Get a copy of the judgment and note its date, the amount found due, and the referee named to run the sale.
- Call HomeownerHelpNY at 1-855-HOME-456 the same day. A free lawyer can look at whether to ask the judge to stay the sale by order to show cause.
- If you never answered, ask a lawyer about a motion to vacate the default. Under RPAPL § 1302-a, a defense that the lender lacked standing generally cannot be raised after the sale unless the judgment was entered on your default, so act before the sale.
- Ask the lender's attorney in writing for a payoff or reinstatement figure good through the sale date.
- Read what to do when a New York sale date is set and our national foreclosure judgment page.
Scam warnings
A judgment is public, and people may offer to stop the sale for a fee or to buy your home fast. In New York, a buyer of a home in foreclosure must use a written contract you can cancel until midnight of the 14th business day, and a paid consultant cannot collect any fee until all services are done. Never sign a deed to someone who says it will stop the sale.
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
How soon after the judgment is the sale in New York?
RPAPL § 1351 says the sale must be held within 90 days of the date of the judgment. Notice of the sale runs in a newspaper for about 4 weeks first.
Can I still stop a New York foreclosure after the judgment?
Yes, until the auction. You can pay what is owed, ask the lender to postpone in writing, ask the judge to stay the sale by order to show cause, or file bankruptcy. None of these is certain, so start right away.
Why does the judgment list my servicer's phone number?
RPAPL § 1351 requires the judgment in a 1 to 4 family home foreclosure to include the servicer's name and phone number, so you can still reach the company that handles your loan.
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.
- 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.