- 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.
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 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
- 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.
- 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.