Foreclosure help in Monroe County (Rochester)

Specific to Monroe County

Monroe County Foreclosure Process: Court Rules, Conferences, and Auctions

If you are facing mortgage default in Monroe County, your case is handled through the Supreme Court in Rochester. New York is a judicial foreclosure state, which means a lender cannot seize your property without filing a lawsuit, proving its case, and obtaining a court order.

Responding to a Monroe County Foreclosure Summons

You have 20 days to file an answer if you received the summons in person within New York, or 30 days if you were served by any other method.

Your formal answer addresses the claims made in the lender's complaint and raises any defenses you have. Ignoring the paperwork allows the lender to seek a default judgment against you. Homeowners who choose to respond without hiring private counsel can use the court system's official step-by-step program to generate an answer.

Mandatory Settlement Conferences in Monroe County Supreme Court

Monroe County Supreme Court must hold a mandatory settlement conference within 60 days after the lender files proof of service.

Authorized under CPLR 3408, this conference requires you and the lender to negotiate in good faith to see if foreclosure can be avoided. Typical topics include loan modifications, repayment plans, and short sales. You should prepare recent tax filings, proof of household income, and expenses to bring to your appearance.

Checking Monroe County Lis Pendens and Docket Filings

A lender must file a notice of pendency with the Monroe County Clerk at least 20 days before a foreclosure judgment can be granted.

The notice of pendency alerts the public that title to the real estate is subject to active litigation. Homeowners can inspect land records recorded from 1984 onward through the Monroe County Clerk online records system by searching under owner name. You can also monitor court dates, index numbers, and judicial filings through the statewide Supreme Court case search system.

Monroe County Foreclosure Auctions at the Hall of Justice

Monroe County foreclosure auctions take place in the lower-level atrium auction area inside the Hall of Justice in Rochester.

Under statewide Administrative Order 35/22 and the 7th Judicial District auction plan, auctions are conducted one at a time. The Supreme Court Clerk assigns the date, time, and physical spot after receiving a formal request from the plaintiff or referee, and the terms appear in a published notice of sale under RPAPL 231.

Before bidding begins, the plaintiff's attorney must present the referee with an affirmation confirming that an AO/157 conference was held or was not required because the property is vacant and abandoned. A completed auction terminates your right of redemption immediately, as New York provides no post-sale redemption period. Any surplus funds beyond the judgment amount are paid into court.

Monroe County Housing Counseling and Foreclosure Help

Monroe County homeowners can access free housing counseling services through government-funded organizations in the area.

Agencies such as Bishop Sheen Ecumenical Housing Foundation in Fairport, Greater Rochester Habitat For Humanity, and Pathstone Corporation in Rochester assist with loss-mitigation applications and conference preparation. A statewide network supported by the New York State Attorney General also offers counseling and guidance for residents facing mortgage default. An attorney can review where your case stands and what options remain open, and the initial review is free.