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How to avoidForeclosure

New York · What this letter means

You were served with a New York foreclosure summons: what it means

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.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
The lender's attorney, through a process server
What it starts
Your deadline to answer: 20 days if handed to you, 30 days after service is complete if served another way
Do this first
Write down how and when you were served, then call HomeownerHelpNY at 1-855-466-3456 the same day

What these papers are in New York

The summons tells you a lawsuit has been filed and how long you have to respond. The complaint says why the lender believes it can foreclose. Together they start the court case, which is filed in the Supreme Court, New York's general trial court, in the county where your home is.

For a home with no more than three units, RPAPL § 1320 requires the summons to carry a notice headed "YOU ARE IN DANGER OF LOSING YOUR HOME." It warns that if you do not answer, a default judgment may be entered and you can lose your home, and that sending a payment to your mortgage company will not stop the case.

For an owner-occupied 1 to 4 family home, RPAPL § 1303 also requires a separate notice titled "Help for Homeowners in Foreclosure," printed in bold type on colored paper that is different from the court papers. It says you do not have to leave your home until it is sold at auction under a judgment, that you must keep caring for the property and paying property taxes, and that you should beware of anyone who wants a fee or your deed to save your home.

What it does and does not mean

  • It does not mean you must move. You can stay in the home during the whole case.
  • It does mean a deadline is running. If you do not answer or appear, the lender can ask for a default judgment.
  • The lender also files a notice of pendency, a public record that the case exists. It works like the lis pendens described on our national page.
  • Missing notices can matter. The New York courts list a missing or faulty 90-day notice or Help for Homeowners notice among common defenses. Compare what you got with the 90-day pre-foreclosure notice rules.

How to count your time to answer

Under CPLR 320(a), you have 20 days to answer if the papers were handed to you personally. For most other ways of serving you, you have 30 days after service is complete.

If the papers were left with another adult at your home and also mailed, or attached to your door and also mailed, CPLR 308 says the server must file proof of service with the court clerk within 20 days, and service is complete 10 days after that filing. Your 30 days start then. Because you may not know when proof was filed, the safer plan is to count from the day the papers reached you and act early.

If you miss the deadline, there is a second chance. CPLR 3408(m) says that if you go to the first settlement conference without having answered, you can still serve and file an answer within 30 days of that first appearance without losing your defenses.

What to do this week

  • Write down the date and how you were served, and who was served. Keep the envelope and the colored notice, or note that it was missing.
  • Call HomeownerHelpNY at 1-855-HOME-456 for a free legal services lawyer or counselor. You can also search LawHelpNY for free legal help.
  • Use the New York courts' free Foreclosure Answer Program, which walks you through making an answer, if you cannot get a lawyer before the deadline.
  • File your answer with the county clerk and serve a copy on the lender's attorney. Even if you do not plan to fight, filing an answer or a notice of appearance keeps you on the list to be told about later steps, including the sale.
  • Watch your mail for the settlement conference notice from the court.
  • See how long a New York foreclosure takes and our national summons and complaint page.

Scam warnings

Court filings are public, so rescue companies may contact you soon after you are served. The Help for Homeowners notice itself warns that state law bars anyone from taking payment until promised services are complete. Free help is available through the Attorney General's Homeowner Protection Program. Report scams to the Attorney General at 1-800-771-7755.

Common questions

How many days do I have to answer a foreclosure in New York?

Twenty days if the summons was handed to you personally. If it was served another way, such as left with someone at your home and mailed, you have 30 days after service is complete under CPLR 320(a). Going to the first settlement conference gives you 30 more days to answer under CPLR 3408(m).

What if I did not get the colored Help for Homeowners notice?

RPAPL § 1303 requires the lender to deliver it with the summons and complaint when the home is an owner-occupied 1 to 4 family home. A legal services lawyer can tell you whether its absence is a defense in your case.

Will sending a payment stop my New York foreclosure case?

No. The notice on the summons required by RPAPL § 1320 says that sending a payment to your mortgage company will not stop the case. You still need to answer by the deadline.

Do I have to leave my home after I am served in New York?

No. The Help for Homeowners in Foreclosure notice says you do not have to leave until the home is sold at auction under a judgment of foreclosure and sale.

Other New York letters

Sources

  1. N.Y. RPAPL § 1320, Special summons requirement
  2. N.Y. RPAPL § 1303, Foreclosures; notice
  3. N.Y. CPLR 320, Defendant's appearance
  4. N.Y. CPLR 308, Personal service upon a natural person
  5. N.Y. CPLR 3408, Mandatory settlement conference
  6. HomeownerHelpNY (Homeowner Protection Program)

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