State Foreclosure Law

New York Foreclosure Laws

New York is a judicial foreclosure-only state; cases often take years from filing to sale. Key distinguishing features include: (1) exclusively judicial foreclosure through Supreme Court under RPAPL Article 13…

Process
Judicial
Through the court system §
Average Foreclosure Length
2,007 days
ATTOM average, Q2 2026: from the start of the foreclosure process to completion, for properties that completed foreclosure in Q2 2026. §
Homestead Exemption
$102,400 to $204,825 depending on county, for property owned and occupied as a principal residence
Automatic · the rule §
Deficiency Judgment
Limited
Allowed (with limitations) §
74 source pages cited · Last checked Mar 5, 2026
Not legal advice. This page provides general information about New York foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a New York-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the New York foreclosure guide →

On this page

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 and language 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, and notice content
General Business Law Article 36-B (§§ 771-788) Distressed Property Consulting Foreclosure rescue fraud protections, distressed property consultant registration, prohibited practices, rescission rights
RPAPL §§ 1308, 1309, 1310 Zombie Property and Foreclosure Prevention Act Vacant and abandoned property maintenance obligations for mortgage lenders, DFS registry, expedited foreclosure for vacant properties

New York Foreclosure Process and Your Rights

New York uses judicial foreclosure. In New York, foreclosures that finished in the second quarter of 2026 took an average of 2,007 days from the start of the foreclosure process to completion, according to ATTOM. §

  • Paying to stop the foreclosure: New York does not have a specific statutory cure period with a fixed deadline like some states. Under RPAPL 1341, where part of the principal or interest is due and another part is not yet due, the borrower can pay into court the amount due for principal and interest, the costs of the action and any expenses of the sale proceedings: the court dismisses the complaint if the payment comes before the judgment directing sale, or stays the proceedings if it comes after that judgment and before the sale. Any other right to cure, and its deadline, depends on the terms of the mortgage. §
  • After the sale: None — New York does NOT provide a statutory right of redemption after the foreclosure sale. The right to redeem ends once the sale is complete. §
  • Homestead exemption: $102,400 to $204,825 depending on county (CPLR 5206(a) amounts as adjusted by the Department of Financial Services, effective April 1, 2024), for property owned and occupied as a principal residence. The $204,825 amount applies in Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam counties; $170,700 in Dutchess, Albany, Columbia, Orange, Saratoga and Ulster counties; and $102,400 in all other counties. The next adjustment is scheduled for April 1, 2027. §
  • Mediation: New York has a statewide foreclosure mediation program: the Mandatory Settlement Conference Program (CPLR 3408). §

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full New York foreclosure guide →

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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.

Financial Institutions Regulator
New York State Department of Financial Services
Phone: 1-800-342-3736
File a complaint →
Attorney General — Consumer Protection
New York Office of the Attorney General
Phone: 1-800-771-7755
File a consumer complaint →
Housing Finance Agency
New York State Homes and Community Renewal
Phone: 1-866-275-3427
Homeowner hotline: 1-855-466-3456
Foreclosure prevention resources →

Special Foreclosure Types in New York

Beyond the standard judicial foreclosure process, New York law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Judicial only. §
No HOA super-lien. Assessment liens are junior to first mortgages.
Tax Lien Foreclosure
Both tax lien certificate and tax deed sales are used. §
Varies.
Land Contract Protections
Buyer protections exist. §
RPL § 320 treats a deed that another written document shows was meant only as security for a debt as a mortgage, even if it reads as an outright transfer.
Manufactured & Mobile Home Rules
May be either, depending on the purpose. §
Real Property Law Article 7 and RPL § 233 provide manufactured home park tenants with protections including: at least 90 days' written notice before a lot rent or other fee increase takes effect, restrictions on arbitrary eviction, right to sell the home in the park, and right to form a tenants' association.
Reverse Mortgage (HECM)
State-specific rules apply beyond federal HECM requirements. §
HECM loans follow the requirements of the federal FHA program.
Zombie Mortgage Protections
Specific state legislation addresses zombie mortgages. §
New York enacted the Zombie Property and Foreclosure Prevention Act (Part M of Chapter 73 of the Laws of 2016, as amended), codified primarily in RPAPL §§ 1308, 1309 and 1310, and Banking Law § 595-b.
PACE Lien Assessment
PACE financing is authorized. §
PACE financing is repaid through a charge on the benefited property, levied and collected at the same time and in the same manner as municipal property taxes.

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.

Property Tax Liens
Super-priority status. Tax sale can extinguish a first mortgage.
Before tax foreclosure (in rem proceedings under RPTL Article 11 or NYC tax lien sale), notice must be given to the mortgage holder of record.
Mechanic's Lien
No relation-back doctrine.
Under New York Lien Law §§ 3 and 4, mechanics' liens have priority from the date the lien notice is filed with the county clerk, NOT from the commencement of the work. However, a purchase money mortgage recorded before the filing of the mechanics' lien has priority. Mechanics' liens must be filed within 8 months of the last date of work (4 months for single-family residential improvements).
Municipal Utility Liens
In NYC, water and sewer charges become a lien on the property with priority over all other liens and encumbrances except tax liens.
Outside NYC, municipal utility liens vary by municipality — some have super-priority status under local ordinance, others follow general lien priority rules.
IRS Tax Lien
Federal tax liens are subject to the standard 25-day IRS notice requirement (26 U.S.C. § 7425(b)) before the state foreclosure sale.

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

Mortgage Foreclosure
6 years §
Each missed installment can be sued on for six years from its due date; once the lender accelerates the debt, a foreclosure claim on the whole outstanding debt accrues with its own six-year period. The NY Court of Appeals held in Freedom Mortgage Corp. v. Engel (2021) that a lender's voluntary discontinuance of a foreclosure action revoked the acceleration, resetting the six-year clock. New York's Foreclosure Abuse Prevention Act (S5473D), effective December 30, 2022, overruled Engel: CPLR § 203(h) and § 3217(e) now bar a lender's unilateral act, including voluntary discontinuance, from resetting or extending the statute of limitations, and the law applies to all such foreclosure actions in which a final judgment of foreclosure and sale has not been enforced.
Written Contracts
6 years §
Promissory Note
6 years §
Deficiency Judgment
90 days from delivery of the referee's deed (RPAPL 1371 application deadline, not a traditional SOL) §
Counted from: Date of delivery of the referee's deed to the purchaser at the foreclosure sale
Zombie Lien Protections
Specific state legislation addresses zombie liens. Quiet title action is available. §
The 6-year statute of limitations under CPLR 213(4) provides the primary protection against zombie liens.

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.

Pause When the Borrower Dies
State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
The lender must serve the executor/administrator of the estate if the borrower is deceased.
Heir Protections
Heirs who inherit the property are protected by the federal Garn-St. Germain Act (12 U.S.C. § 1701j-3), which prohibits enforcement of due-on-sale clauses upon death-related transfers.
Executor Reinstatement Rights
The executor or personal representative may reinstate the mortgage by curing the default.
No specific NY statutory timeline for estates to resolve before foreclosure can proceed. General probate timeline: executor/administrator can petition Surrogate's Court for letters testamentary/administration, which takes 2-6 months. During this period, the lender can continue the foreclosure action naming the estate.
Garn-St. Germain Act
Federal Garn-St. Germain Act prevents lenders from accelerating the loan due to transfer upon death to a relative, transfer to spouse or children, or transfer resulting from divorce.
Uniform Partition of Heirs Property Act (UPHPA)
Not adopted in this state.
Not applicable — New York has NOT adopted the Uniform Partition of Heirs Property Act as of research date.

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.

UDAP Statute
General Business Law §§ 349-350 (Deceptive Acts and Practices / False Advertising)
Attorney Advertising Rules
Governed by New York State Unified Court System / Appellate Division. §
Key requirements: Rule 7.3(b): a lawyer may not initiate live, person-to-person contact soliciting professional employment from a prospective client for pecuniary gain, unless the person contacted is a lawyer, has a family/close personal/prior professional relationship with the lawyer, or routinely uses the type of legal services offered for business purposes; Rule 7.3(c): a lawyer may not solicit a person who has made known a desire not to be solicited, or in a manner that involves coercion, duress, or harassment.

Legal Aid & Pro Bono Resources in New York

  • ⚖
    Legal Services NYC
    Provides representation in Supreme Court foreclosure defense including CPLR 3408 settlement conferences.
    legalservicesnyc.org →
  • ⚖
    Legal Aid Society
    Provides legal representation in housing matters including foreclosure defense. Handles both consumer and tenant-side foreclosure issues.
    legalaidnyc.org →
  • ⚖
    Empire Justice Center
    Provides foreclosure prevention counseling, legal representation, and policy advocacy. Active in Western NY including Buffalo and Rochester.
    empirejustice.org →
  • ⚖
    Legal Aid Society of Northeastern New York
    Covers Albany, Saratoga, and surrounding counties. Provides foreclosure defense representation.
    lasnny.org →
  • 🏠
    HUD-Approved Housing Counselors
    Free, 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) Hotline
    Free 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 Hotline
    For complaints about mortgage servicers, banks, and other financial institutions regulated by DFS.
    1-800-342-3736 →
  • 📋
    New York State Bar Association Lawyer Referral Service
    Varies by county bar; some county bars offer free 30-minute consultations
    nysba.org/lawyerreferral →
  • 🎓
    Volunteer Lawyers Project of Onondaga County
    Provides pro bono foreclosure defense attorneys in the Syracuse area.
    onbar.org →
  • 🎓
    City Bar Justice Center
    New 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.

90 HUD-approved housing counselors Free foreclosure prevention counseling 7 Legal aid offices Free legal representation for qualifying homeowners 44 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 51 Debtor education providers Required post-filing debtor education courses

Browse all 192 providers in New York →

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.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

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:

Foreclosure Filings
National trend
National foreclosure filings. New York mainly uses judicial foreclosure (through the courts).
FHA mortgage delinquency
FHA delinquency rate
Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.
Foreclosure volume
Foreclosure starts & completions
Monthly foreclosure starts and completions from ATTOM Data Solutions.
Newly late mortgages
Current to 30 days late
Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

Facing foreclosure in New York? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

Step 1 of 4

Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Ask a question about foreclosure law in New York

General information, not legal advice.

🛟
Free help also exists in New York: the New York State Homeowner Protection Program (HOPP) Hotline at 1-855-HOME-456 (1-855-466-3456), or a HUD-approved housing counselor at no cost.