- Who sends it
- The referee or sheriff running the sale, through newspaper publication and sometimes public posting
- What it starts
- A sale date about 3 to 5 weeks after the first newspaper notice
- Do this first
- Confirm the date with the referee or the lender's attorney, then call a free lawyer the same day
What this notice is in New York
After the judge signs a judgment of foreclosure and sale, the officer named to make the sale, usually a referee or the sheriff, must give public notice of the time and place of the auction. RPAPL § 231 says the sale is at public auction to the highest bidder.
The notice is published in a newspaper in the county where your home is. Section 231 does not require the notice to be mailed to you. That is why the New York courts say that if you never answered or appeared in the case, you may not be told about the auction at all.
How the sale date is counted
- Four-week notice: published once in each week for 4 weeks in a row. The sale can be held on or after the 28th day and on or before the 35th day after the first publication.
- Three-week notice: published at least twice in each week for 3 weeks in a row. The sale can be held on or after the 21st day and on or before the 28th day after the first publication.
- A week means any 7 days in a row.
- Outside a city or village that has its own newspaper, the notice must also be posted in three public places in the town at least 28 days before the sale.
- If the officer does not show up, the lender's attorney can postpone the sale for up to 4 weeks, with notice posted and published at least 3 days before the new date.
What it does and does not mean
- It does not mean the home is sold yet. Until the auction, you can still stop the foreclosure by paying what is owed.
- It does not mean you must move on the sale date. After the sale, the buyer still has to go to court. See the 10-day notice to quit.
- The sale is usually held at the courthouse. In some counties the courts now allow remote online bidding alongside in-person bidding.
What to do this week
- Find the first publication date and count forward using the rules above. Confirm the date with the referee named in the judgment or the lender's attorney.
- Call HomeownerHelpNY at 1-855-HOME-456 for a free lawyer. Ask about an order to show cause to stay the sale if you have the money, a refinance, a buyer, or a pending application.
- Tell the servicer and the lender's attorney in writing about any pending modification, refinance or buyer, and ask them to postpone the sale. Get any agreement in writing.
- A bankruptcy filing before the auction triggers a federal stay of the sale. Talk to a lawyer first, because it affects all your debts.
- Read what to do when a New York sale date is set and our national notice of sale page.
After the auction: surplus money
If the home sells for more than what is owed plus costs, the referee must pay the extra into court within 5 days under RPAPL § 1354. You must file a written notice of claim with the clerk before the referee's report of sale is confirmed. See New York foreclosure surplus funds. You do not need to pay a company to file the claim.
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
Will I get a New York notice of sale in the mail?
Not necessarily. RPAPL § 231 requires newspaper publication and, in some towns, public posting, but not mailing to the owner. Filing an answer or notice of appearance in the case keeps you on the list of parties who get notice.
How long after the newspaper notice is the New York auction?
With once-a-week notice for 4 weeks, the sale falls between the 28th and 35th day after the first publication. With twice-a-week notice for 3 weeks, it falls between the 21st and 28th day.
Can I stop a New York auction on the day of the sale?
Only in narrow ways: paying what is owed, getting a signed order from the judge staying the sale, or filing bankruptcy before the auction starts. Each is hard to arrange in hours, so start as soon as you see the notice.
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.
- 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.