A judgment of foreclosure and sale has been entered
The judgment settles what is owed and directs that the property be sold. It is late in the case, but it is not the sale, and the two are separated by steps that take time.
The judgment is not the auction
A notice of sale still has to be published
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What the judgment
actually decides.
A judgment of foreclosure and sale is the court’s decision at the end of the case. It fixes the numbers and it authorises a sale.
Before the judgment, the court usually appoints a referee to compute the amount due: principal, interest, advances the lender made for taxes or insurance, and costs. The judgment adopts a figure and directs that the property be sold to satisfy it.
What the judgment does not do is transfer your home to anyone. Ownership changes later, through a sale that has its own notice requirements and its own date. Understanding that gap is the difference between panicking and using the time that remains.
Read the judgment itself
It names the referee, states the amount, and often names the newspaper the notice of sale must run in. Those details tell you what to expect next.
What happens next
Judgment is not the last step.
Between a judgment and a completed sale there are several required steps. Each one takes time, and each one is a point at which advice is still worth getting.
- 01
The judgment is entered
The court signs and the county clerk enters it. The amount due is fixed as of that point, and interest generally keeps running.
Following the referee’s report
- 02
A notice of sale is published
Before the auction can happen, notice must be published in the newspaper the judgment names, either weekly for four weeks or twice weekly for three.
Required by RPAPL 231
- 03
The auction is held
The referee conducts the sale at the time and place in the notice. The right to redeem the property ends when the sale happens.
New York has no redemption period afterwards
In detail
What is still open after judgment.
Less than before, and it is worth being straightforward about that. But less is not nothing, and the difference between acting this week and next month can be real.
How much time is left
There is no fixed interval between a judgment and a sale in New York. The publication requirement puts a floor under it, because notice has to run for several weeks before the auction, but beyond that the timing depends on the case and the county.
The practical answer is that the sale date, once it is set, is the deadline that matters. Everything else is measured against it.
Payment into court under RPAPL 1341
Where part of the mortgage debt is due and part is not yet due, New York law lets a defendant pay into court the amount due together with interest and the costs of the action. Done after a judgment directing sale but before the sale itself, the court is to stay all proceedings on the judgment.
This is narrow. It depends on the structure of the debt, the terms of the judgment, and the money being available in time. It is a question to put to an attorney with the judgment in front of them, not a plan to rely on from a web page.
Loss mitigation after judgment
A loan modification, short sale or deed in lieu can still be discussed after judgment. Federal servicing rules also limit what a servicer may do while a complete loss-mitigation application is pending, though those protections narrow considerably as a sale date approaches.
Only the lender or servicer can approve a modification. No attorney can promise one, and anyone who does is telling you something they cannot know.
Challenging the judgment
There are procedures for asking a court to vacate a judgment, and for appealing one. They are technical, they have their own deadlines, and they generally require a substantive reason rather than a wish for more time.
Whether any of them fit your case is exactly the sort of question a foreclosure attorney can answer from the file in an initial conversation.
If the sale will not cover the debt
New York allows a lender to seek a deficiency judgment for the shortfall between the sale proceeds and what is owed, subject to limits on how the shortfall is calculated. It requires a motion; it does not happen on its own.
If keeping the home is no longer realistic, this is often the reason to stay engaged with the case rather than walk away from it.
This page describes general New York foreclosure procedure. It is not legal advice, and procedure has exceptions, county practice and case law that no general page can apply to an individual situation. NewYorkForeclosureHelp.com is not a law firm, a lender, or a government agency. If a deadline, court date, or sale date is approaching, speak with an attorney promptly.
Common questions
After a judgment is entered.
Does the judgment mean I have lost my home?
It means the court has decided the case and directed a sale. Ownership changes at the sale, not at the judgment, and the sale is a separate step with its own notice requirements and its own date.
How long until the auction?
There is no single answer. A notice of sale has to be published for several weeks before the auction can happen, and the rest depends on the case and the county. Once a date is set, treat it as the deadline.
Can a judgment be vacated?
There are procedures for asking a court to vacate a judgment, and for appeal. They have their own requirements and deadlines. Whether one applies to your case depends on the record, which is why it is worth having the file reviewed.
Can I still get a loan modification?
It can still be discussed. Federal rules limit what a servicer may do while a complete application is pending, but those protections narrow as a sale date approaches. Only your lender or servicer can approve a modification.
Should I keep paying?
That is a question for an attorney who knows your numbers and the terms of the judgment. Do not treat a general page as advice about your own payments.
Statutes and sources behind this guide
- F21: The court may appoint a referee to compute the amount due; a judgment of foreclosure and sale then directs the sale of the property. (RPAPL §§ 1321, 1351), read 2026-09-09
- F25: Under RPAPL § 1341, where part of the debt is due and part is to become due, a defendant who pays into court the amount due plus interest and costs may have the complaint dismissed (if paid before judgment) or all proceedings stayed (if paid after judgment and before sale). (RPAPL § 1341), read 2026-09-09
- F14: RPAPL § 1331 requires the notice of pendency in a mortgage foreclosure to be filed at least **20 days** before a final judgment directing a sale is rendered. It may be filed before or after service of the summons. (RPAPL § 1331; CPLR § 6511), read 2026-09-09
- F28: Where the sale proceeds do not satisfy the debt, the court may grant a deficiency judgment under RPAPL § 1371. (RPAPL § 1371), read 2026-09-09
Statutory claims on this page were checked against published New York law and court guidance on 2026-09-09 and are recorded, fact by fact, in the site's evidence file. Statutes change; the date is the date of the check.
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