Foreclosure help in Ontario County

Specific to Ontario County

How Foreclosure Works in Ontario County

Foreclosure actions in Ontario County are handled by the Ontario Supreme and County Court in Canandaigua. Because New York is a judicial foreclosure state, your lender cannot take your home without filing a lawsuit, serving you with legal papers, and obtaining a court judgment. Understanding how local court procedures and state deadlines intersect gives you the best chance to defend your property.

Responding to an Ontario County Foreclosure Summons

Your foreclosure case starts when the lender files a summons, complaint, and notice of pendency. Once served, your deadline to answer is strictly enforced under New York law: you have 20 days if the papers were handed to you in person within New York, or 30 days if they were delivered by any other method, such as being mailed or left at your door.

Filing an answer is essential because ignoring the summons allows the lender to seek a default judgment against you. The New York State court system offers a step-by-step program to help self-represented homeowners draft a formal answer without a lawyer. Once completed, your answer must be served on the lender's attorney and filed with the court.

The Mandatory Settlement Conference in Canandaigua

Under CPLR 3408, the court must schedule a mandatory settlement conference within 60 days after the lender files proof of service. For residential properties in Ontario County, this conference brings you and the lender's counsel together to negotiate loss-mitigation options, such as loan modifications, repayment plans, or short sales.

Both sides are required by law to negotiate in good faith. You should arrive prepared with complete financial records, including recent pay stubs, tax returns, bank statements, and monthly expense budgets. Attending every scheduled conference date keeps your case active and ensures the court oversees the review of your paperwork.

Checking Ontario County Property and Court Records

The lender must file a notice of pendency with the Ontario County Clerk at least 20 days before any final judgment can be granted. This filing alerts the public and prospective buyers that the title is subject to ongoing litigation. You can check the status of your deed, mortgages, and notices of pendency using the Ontario County Clerk online record search system.

To track upcoming court dates, conference appearances, or motions filed by the lender, search the state court system by index number or party name. Staying informed through these online tools prevents missed court dates and helps you monitor the lender's filings in real time.

Ontario County Foreclosure Auctions and Free Assistance

If a case ends in a judgment of foreclosure and sale, the property goes to public auction under the Seventh Judicial District Foreclosure Auction Plan and Administrative Order 35/22. The plaintiff or appointed referee must request an auction date directly from the Supreme Court Clerk, who assigns the exact date, time, and physical location. No sale can be advertised or held without this court assignment, and the final details are published in a legal notice under RPAPL 231.

Once the auction hammer falls, the homeowner's right of redemption is extinguished under New York law; there is no post-sale redemption period. If the winning bid exceeds what you owe on the mortgage and fees, that surplus money is paid into the court, and you have the right to claim those funds.

You do not have to navigate this process alone. New York State funds a network of around 90 free housing counseling and legal services organizations across the state to help homeowners handle loan workouts and court appearances; you can reach them through the statewide hotline at 1-855-466-3456. An attorney can review where your case currently stands and what options remain open, and the initial review is free.