New York Foreclosure Laws
New York is a judicial foreclosure-only state and has one of the LONGEST foreclosure timelines in the nation — routinely 2-3+ years from filing to sale. Key distinguishing features include: (1) exclusively judicial foreclosure through Supreme Court under RPAPL Article 13; (2) RPAPL 1304 requires a 90-day pre-foreclosure notice SEPARATE FROM and IN ADDITION TO the federal 120-day delinquency requirement; (3) CPLR 3408 mandates settlement conferences for all residential foreclosure actions on 1-4 family owner-occupied properties — this is the primary driver of the extended timeline; (4) homestead exemption under CPLR 5206 varies by county ($150,000-$300,000+), substantially increased by 2020 amendments; (5) deficiency judgments ARE permitted but lender must apply within 90 days of sale and court determines fair market value (RPAPL 1371); (6) NO post-sale right of redemption; (7) RPAPL 1361 governs surplus funds distribution; (8) Zombie Property and Foreclosure Prevention Act (RPAPL 1309-a, 1310) imposes maintenance obligations on lenders for vacant foreclosure properties; (9) Housing Stability and Tenant Protection Act (2019) significantly strengthened tenant protections.
For a step-by-step guide to options and resources, see the New York Foreclosure Guide →
- 01 Governing statutes
- 02 Foreclosure process
- 03 Homeowner protections
- 04 Mandatory Settlement Conference Program (CPLR 3408)
- 05 Regulatory bodies & complaint filing
- 06 Alternatives & financial assistance
- 07 Post-sale proceedings
- 08 Special foreclosure types
- 09 Lien priority
- 10 Statute of limitations
- 11 Probate & inheritance
- 12 Consumer protection & compliance
- 13 Legal aid & pro bono resources
- 14 Find help in New York
- 15 National foreclosure guides
- 16 New York distress data
Governing Statutes
| Citation | Title | Covers |
|---|---|---|
| RPAPL Article 13 (§§ 1301-1391) | Action to Foreclose a Mortgage | Judicial foreclosure process, lis pendens, judgment of foreclosure and sale, surplus funds, deficiency judgments, 90-day pre-foreclosure notice, help for homeowners notice, DFS filing requirement, zombie property obligations |
| CPLR § 3408 | Mandatory Settlement Conference in Residential Foreclosure Actions | Mandatory settlement conferences for 1-4 family owner-occupied residential properties, good faith negotiation requirement, judicial supervision of loss mitigation review |
| CPLR § 5206 | Homestead Exemption | Homestead exemption amounts by county, automatic application, exemption from forced sale for judgments (but NOT for mortgages) |
| CPLR §§ 6501-6515 | Notice of Pendency (Lis Pendens) | Filing and effect of lis pendens, cancellation, duration, constructive notice to purchasers and lienholders |
| CPLR § 213(4) | Statute of Limitations — Mortgage Foreclosure | Six-year statute of limitations for actions to foreclose a mortgage |
| RPAPL § 1304 | Required Prior Notices (90-Day Pre-Foreclosure Notice) | 90-day pre-foreclosure notice to homeowner, content requirements, housing counseling agency list, delivery methods |
| RPAPL § 1303 | Home Loan Protection — Foreclosure Notice on Residential Properties | Help for Homeowners in Foreclosure notice, required attachment to summons and complaint, content in English and Spanish |
| General Business Law Article 36-B (§§ 771-788) | Distressed Property Consulting | Foreclosure rescue fraud protections, distressed property consultant registration, prohibited practices, rescission rights |
| RPAPL §§ 1309-a, 1310 | Zombie Property and Foreclosure Prevention Act | Vacant and abandoned property maintenance obligations for mortgage lenders, DFS registry, expedited foreclosure for vacant properties |
Judicial Foreclosure Process
Awaiting verificationHomeowner Protections
Awaiting verificationMandatory Settlement Conference Program (CPLR 3408)
Awaiting verificationNew York's mediation program applies to: All residential foreclosure actions involving a home loan on a 1-4 family dwelling that is or was the principal residence of the borrower. §
How It Works
Automatic — the court schedules the initial settlement conference upon or shortly after the filing of the foreclosure action. No referral is required. The court's foreclosure part handles scheduling.
Key Requirements
Regulatory Oversight & Complaint Filing
New York homeowners who believe a mortgage servicer or lender has violated state or federal law may file complaints with the following regulatory agencies.
Alternatives & Financial Assistance
New York law permits several alternatives to foreclosure. Short sales are available. Deed in lieu of foreclosure may be negotiated with the servicer. Forbearance agreements are available under federal and state loss mitigation requirements. Loan modification programs exist at both the federal and state level.
New York's New York State Homeowner Assistance Fund (unknown) provides mortgage assistance to qualifying homeowners. Program details: hcr.ny.gov.
Post-Sale Proceedings Under New York Law
After a foreclosure sale in New York, the new owner must provide written notice before initiating eviction proceedings. The required notice period is 10 days written notice to quit before commencing a holdover proceeding. A court order is required before a lockout can proceed.
Former homeowners in New York are entitled to claim surplus funds from the foreclosure sale — any amount exceeding the outstanding debt and sale costs. No strict statutory deadline for claiming surplus — the court holds the funds and distributes upon petition. Federal law (Protecting Tenants at Foreclosure Act) provides a minimum 90-day notice period for bona fide tenants in foreclosed properties, regardless of state timelines.
Special Foreclosure Types in New York
Beyond the standard judicial foreclosure process, New York law addresses several specialized foreclosure categories.
Lien Priority in New York
First in time, first in right, with statutory exceptions for tax liens and certain municipal liens. New York follows the race-notice recording system — a subsequent purchaser or lienholder who records first and without notice of a prior unrecorded interest takes priority.
New York's recording system is a race-notice system. Priority is determined by order of recording, but a subsequent purchaser who records first must also be without notice of the prior unrecorded interest. Mortgages must be recorded in the county clerk's office in the county where the property is located. In NYC, recordings are made with the City Register (Department of Finance) for all boroughs except Staten Island (Richmond County), which uses the county clerk.
Statute of Limitations in New York
Probate & Inheritance in New York
When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. New York law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.
Consumer Protection & Compliance in New York
State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in New York.
Legal Aid & Pro Bono Resources in New York
- Legal Services NYCLargest civil legal services provider in the country. Provides representation in Supreme Court foreclosure defense including CPLR 3408 settlement conferences.legalservicesnyc.org →
- Legal Aid SocietyProvides legal representation in housing matters including foreclosure defense. Handles both consumer and tenant-side foreclosure issues.legalaidnyc.org →
- Empire Justice CenterProvides foreclosure prevention counseling, legal representation, and policy advocacy. Active in Western NY including Buffalo and Rochester.empirejustice.org →
- Legal Aid Society of Northeastern New YorkCovers Albany, Saratoga, and surrounding counties. Provides foreclosure defense representation.lasnny.org →
- HUD-Approved Housing CounselorsFree, federally funded housing counseling agencies in New York. Services include loan modification applications, mediation preparation, and loss mitigation guidance.Find a counselor in New York →
- New York State Homeowner Protection Program (HOPP) HotlineFree statewide hotline connecting homeowners with HUD-approved housing counselors and legal services providers. Operated by HCR.1-855-HOME-456 (1-855-466-3456) →
- New York State Department of Financial Services Consumer HotlineFor complaints about mortgage servicers, banks, and other financial institutions regulated by DFS.1-800-342-3736 →
- New York State Bar Association Lawyer Referral ServiceVaries by county bar; some county bars offer free 30-minute consultationsnysba.org/lawyerreferral →
- Volunteer Lawyers Project of Onondaga CountyProvides pro bono foreclosure defense attorneys in the Syracuse area.onbar.org →
- City Bar Justice CenterNew York City Bar Association's pro bono program. Provides foreclosure prevention legal assistance.citybarjusticecenter.org →
Find Help in New York
We maintain a verified directory of free and low-cost help providers in New York. All are government-approved or federally funded.
National Foreclosure Guides
These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including New York.
New York Distress Data
The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to New York homeowners:
See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026
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