State Foreclosure Law

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.

Process
Judicial
Through the court system §
Typical Timeline
~900 days
From first notice to sale §
Homestead Exemption
$150,000 to $300,000+ depending on county (CPLR...
Automatic — no filing required §
Deficiency Judgment
Limited
Allowed with limitations §
Research depth: Pilot · Last reviewed March 5, 2026 · Awaiting attorney validation
23 cited
8 needs check
18 gaps
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.

For a step-by-step guide to options and resources, see the New York Foreclosure Guide →

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 verification
1
RPAPL 1304 — 90-Day Pre-Foreclosure Notice
At least 90 days before commencement of foreclosure action
At least 90 days before commencing a foreclosure action, the lender or servicer must send a notice to the borrower that meets specific statutory requirements. The notice must: (1) be sent by registered or certified mail AND by first-class mail to the borrower's last known address; (2) include a list of at least five HUD-approved housing counseling agencies serving the county where the property is located, with phone numbers, addresses, and websites; (3) contain specific statutory language informing the borrower that their home loan is in default, they may lose their home, and they have the right to seek assistance; (4) be printed in at least 14-point font. This requirement is IN ADDITION TO the federal 120-day delinquency requirement under CFPB Regulation X. In practice, the 90-day notice is typically sent during the federal 120-day waiting period so the timelines overlap. Failure to properly send the 1304 notice is one of the most commonly litigated defenses in NY foreclosure. Courts interpret the notice requirements strictly — defects in content, delivery method, or housing counselor list can be fatal to the action. §
Defense opportunity: Strict compliance required. Common defenses include: notice not sent to correct address, missing or incorrect housing counselor list, inadequate font size, wrong delivery method (both certified AND first-class mail required), content not matching statutory language. Borrower can move to dismiss the foreclosure action if the 1304 notice is defective.
2
RPAPL 1306 — Filing with Department of Financial Services
Within 3 business days of mailing the RPAPL 1304 notice
Within 3 business days of mailing the RPAPL 1304 notice, the lender must electronically file information about the borrower and the mortgage with the New York State Department of Financial Services (DFS). The filing includes the borrower's name and address, loan information, servicer contact information, and type of loan. This creates a statewide database that DFS uses to track foreclosure activity and connect borrowers with assistance. The lender must also file an updated notice with DFS when the foreclosure action is commenced. §
Defense opportunity: Failure to file with DFS as required may be raised as a defense, though courts vary on whether this is a strict compliance requirement that mandates dismissal.
3
Filing of Notice of Pendency (Lis Pendens)
At or before the time of filing the complaint
Before or simultaneously with filing the foreclosure complaint, the plaintiff must file a notice of pendency (lis pendens) with the county clerk in the county where the property is located. Under CPLR 6501, the lis pendens provides constructive notice to all subsequent purchasers and encumbrancers that the property is the subject of pending litigation. The lis pendens is effective from the date of filing and is valid for 3 years (with extensions available under CPLR 6513). It must be indexed by the county clerk against the name of each defendant. §
Defense opportunity: A lis pendens that does not comply with CPLR 6511 requirements (property description, names, court, relief sought) may be subject to cancellation. A defendant may move to cancel the lis pendens under CPLR 6514 if the plaintiff has not commenced the action within the required time, or if the action has been discontinued or dismissed.
4
Filing of Summons and Complaint
After the 90-day RPAPL 1304 notice period has expired and federal 120-day delinquency requirement is met; within the 6-year statute of limitations
The lender files a summons and verified complaint for foreclosure in the Supreme Court of the county where the property is located. The complaint must: (1) identify all parties, including the borrower, any co-borrowers, and all parties with interests in the property (junior lienholders, tenants, HOA/condo associations); (2) describe the mortgage and note, including recording information; (3) allege the default and the amount due; (4) include a legal description of the property; (5) attach the RPAPL 1303 'Help for Homeowners in Foreclosure' notice — a bright-colored notice in English and Spanish informing the borrower of their rights and available resources. The complaint must also include an affirmation of compliance with RPAPL 1304 (90-day notice) requirements. Under RPAPL 1302, the plaintiff must certify that it has reviewed the facts of the case, confirmed the amount owed, and confirmed it is the creditor entitled to enforce the note. §
Defense opportunity: Standing is frequently litigated — plaintiff must prove it is the holder of the note at the time of filing. RPAPL 1303 notice must be properly attached. Common defenses: lack of standing, statute of limitations, failure to comply with RPAPL 1304, conditions precedent not satisfied, payment defense.
5
Service of Process and Answer Period
20 days after personal service within NY; 30 days after other methods of service
The borrower and all named defendants must be served with the summons and complaint. Service must comply with CPLR Article 3 (personal service, substituted service, service by affix-and-mail, or service by publication if other methods fail). The borrower has 20 days to answer if personally served within New York, or 30 days if served by any other method (CPLR 320(a)). If the borrower fails to answer, the plaintiff may move for a default judgment. However, even in default cases, the court must still schedule a mandatory settlement conference under CPLR 3408 for eligible properties. §
Defense opportunity: Improper service is a jurisdictional defect. Motion to dismiss for lack of personal jurisdiction (CPLR 3211(a)(8)). Borrower should file an answer raising affirmative defenses even if also attending settlement conferences.
6
Mandatory Settlement Conference (CPLR 3408)
Court schedules initial conference within 60 days of filing (varies by county); conferences can continue for 6-18+ months
For all residential foreclosure actions involving a home loan on a 1-4 family dwelling that is or was the borrower's principal residence, the court MUST schedule a mandatory settlement conference. The purpose is to determine whether the parties can reach a mutually agreeable resolution to avoid foreclosure. Both parties must negotiate in good faith. The plaintiff must appear through a representative with authority to dispose of the case, bring all documents related to the loan including the original note (or explanation of its absence), payment history, and loss mitigation options evaluated. Multiple conference sessions are common and the process can extend for 6 months to over a year. The court may appoint a referee to supervise the conferences. If the lender fails to negotiate in good faith, the court can impose sanctions including tolling of interest, reducing the principal balance, or dismissing the action. The settlement conference process is the single biggest driver of New York's extended foreclosure timeline. §
Defense opportunity: This is the borrower's primary opportunity to obtain a loan modification, forbearance, repayment plan, or other resolution. Borrower should bring complete financial documentation. If the lender fails to negotiate in good faith or sends a representative without authority, the borrower can request sanctions. Many cases are resolved at or through the settlement conference process.
7
Motion Practice, Discovery, and Summary Judgment
Varies widely — typically 3-12+ months after release from settlement conference; contested cases can take years
If the settlement conference does not result in a resolution and the case is released from the conference part, it proceeds on the regular litigation track. The plaintiff typically moves for summary judgment under CPLR 3212. The plaintiff must establish: (1) existence of the mortgage and note, (2) that the plaintiff is the holder or owner with standing, (3) the borrower's default, (4) the amount due, and (5) compliance with all conditions precedent including RPAPL 1304 and 1306. If the borrower raises genuine issues of material fact, the motion may be denied and the case proceeds to trial. Foreclosure is an equitable action — there is no right to a jury trial on the foreclosure itself.
Defense opportunity: Borrower can oppose summary judgment by raising factual disputes on standing, amount owed, compliance with pre-foreclosure notice requirements, statute of limitations, or unconscionability. Discovery may reveal servicer errors, improper fees, or chain-of-title defects.
8
Judgment of Foreclosure and Sale
Referee appointed at judgment; referee's report filed and confirmed; sale typically 60-120 days after judgment
If the court grants summary judgment or judgment after trial, it issues a judgment of foreclosure and sale under RPAPL 1321. The judgment appoints a referee to compute the amount due and to conduct the sale. The referee must compute the total indebtedness including principal, interest, taxes, insurance, and allowable costs, and file a report with the court. After the referee's report is confirmed, the court issues an order directing the sale. The sale must be conducted as a public auction by the referee, with at least 30 days' published notice in a newspaper designated by the court. §
Defense opportunity: Borrower can object to the referee's computation (e.g., challenging improper fees, miscalculated interest, or unverified amounts). The court must confirm the referee's report before the sale can proceed.
9
Referee Sale (Public Auction)
At least 30 days after publication of notice of sale; typically 60-90 days after judgment
The court-appointed referee conducts a public auction of the property at the time, date, and place specified in the published notice. The referee publishes notice of sale in a newspaper of general circulation in the county, as directed by the court, for at least 30 days before the sale (published once per week for at least 4 consecutive weeks). The property is sold to the highest bidder. The plaintiff/mortgagee may make a credit bid up to the amount of the judgment. The successful bidder must deposit 10% of the purchase price at the time of sale and pay the balance within 30 days. The referee executes and delivers a deed to the successful purchaser. The court must confirm the sale. §
Defense opportunity: Borrower may move to vacate the sale for fraud, irregularity, or inadequacy of price so gross as to shock the conscience. Junior lienholders and other interested parties may bid at the sale.
10
Surplus Funds Distribution (RPAPL 1361)
After confirmation of sale; claims must be filed by petition
If the sale proceeds exceed the amount due on the mortgage (including costs of sale, referee's fees, and attorney's fees), the surplus is paid into court. Junior lienholders and the former homeowner may file claims for the surplus funds. The court determines the priority of claims and distributes the surplus accordingly: (1) costs of sale, (2) the foreclosing mortgage debt, (3) junior lienholders in order of priority, (4) the former owner for any remaining balance. Claims must be filed by petition to the court. Unclaimed surplus funds are held by the court and eventually transferred to the Comptroller's unclaimed funds office. §
Defense opportunity: Former homeowner has a right to claim any surplus over and above all liens and costs. Should monitor the sale price and file a timely claim. There is no strict statutory deadline for filing a claim, but courts may set deadlines by order.

Homeowner Protections

Awaiting verification
Homestead Exemption
$150,000 to $300,000+ depending on county (CPLR 5206(a) as amended in 2020). New York's homestead exemption varies by county in a tiered structure. NYC boroughs (Kings, Queens, New York, Bronx, Richmond) have an exemption of $150,000. Suburban downstate counties (Westchester, Nassau, Suffolk, Rockland, Putnam, Dutchess, Orange) have higher amounts. Upstate and other counties have varying amounts. IMPORTANT: These amounts were substantially increased by Chapter 579 of the Laws of 2020 and should be verified against the current statutory text. §
Automatic — no filing required. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
Allowed with limitations §
Deficiency judgments ARE permitted in New York after judicial foreclosure, but with significant protections for the borrower under RPAPL 1371. The lender must: (1) apply for the deficiency judgment within 90 days of the delivery of the referee's deed to the purchaser; (2) the court must determine the fair market value of the property at the time of the sale; (3) the deficiency is the difference between the judgment amount and the HIGHER of the sale price or the fair market value — this prevents lenders from profiting from lowball sales.
Right of Redemption
None — New York does NOT provide a statutory right of redemption after the foreclosure sale. §
Pre-sale reinstatement available. Any time before the sale is conducted.
Right to Cure
Before judgment of foreclosure is entered §
All past-due payments, late fees, reasonable attorney's fees, and costs of the action as allowed by the mortgage instrument and court order

Mandatory Settlement Conference Program (CPLR 3408)

Awaiting verification

New 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

Eligibility
Automatic — the court must schedule a settlement conference for all eligible cases
Both answered and unanswered (default) cases are eligible. Borrower does not need to opt in or request the conference.
Cost
$0 — no fees charged to borrowers for settlement conferences (borrower), $0 — no separate fees for the program; regular court filing fees apply (lender)
Fee may be waived for borrowers who demonstrate financial hardship.
Administered By
New York Unified Court System — Supreme Court
Enforcement
Court injunction available
The court has broad equitable remedies including: tolling of interest and fees from the date of bad faith; reducing the principal balance owed; dismissal of the foreclosure action; striking the plaintiff's answer to counterclaims; awarding attorney's fees and costs to the borrower; other sanctions as the court deems just and proper. §

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
Attorney General — Consumer Protection
New York Office of the Attorney General
Housing Finance Agency
New York State Homes and Community Renewal

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.

For a detailed breakdown of foreclosure alternatives, loss mitigation options, and financial assistance programs, see the New York Foreclosure Guide.

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.

For guidance on what to do after a foreclosure sale, including eviction timelines, surplus fund claims, and tax consequences, see the New York Foreclosure Guide.

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
Land contracts are not commonly used. Buyer protections exist.
Under RPL § 320, installment land contracts (contracts for deed) for residential property exceeding certain thresholds require formal foreclosure proceedings rather than simple forfeiture.
Manufactured & Mobile Home Rules
May be either.
Real Property Law Article 7 and RPL § 233 provide manufactured home park tenants with protections including: right to 60-day notice before lot rent increases, 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.
New York requires HECM borrowers to complete counseling with a HUD-approved counselor, consistent with federal requirements.
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 §§ 1309-a and 1310, and Banking Law § 595-b.
PACE Lien Assessment
PACE financing is authorized.
PACE assessments in NY are structured as special assessments with tax-lien-equivalent priority.

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.
Municipal Utility Liens
Super-priority status.
In NYC, water and sewer charges become a lien on the property with priority over all other liens and encumbrances except tax liens.
IRS Tax Lien
Federal tax liens are subject to the standard 25-day IRS notice requirement (26 U.

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 §
Date of default or date of acceleration.
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) §
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.
SOL Revival After Partial Payment
A partial payment can restart the statute of limitations.
Under General Obligations Law § 17-101, a partial payment on a debt restarts the statute of limitations from the date of payment.

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.

Automatic Stay on Death
No automatic stay. Foreclosure may proceed 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.
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.
Uniform Home Protection 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: All attorney advertisements must include the name, principal law office address, and telephone number of the attorney; Advertisements must not be false, deceptive, or misleading.

Legal Aid & Pro Bono Resources in New York

  • Legal Services NYC
    Largest civil legal services provider in the country. 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 →
🛟
Free help is available for homeowners facing foreclosure in New York. Contact the New York State Homeowner Protection Program (HOPP) Hotline at 1-855-HOME-456 (1-855-466-3456) or find a HUD-approved housing counselor for no-cost assistance.