This is the statutory warning that has to come before a foreclosure case can be filed on a home loan. It is not a lawsuit, and the 90 days is a minimum rather than a schedule.
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If you are holding a notice that says in large type that you could lose your home, and lists housing counseling agencies, this is almost certainly it.
New York requires a lender or servicer to send this notice at least 90 days before starting a foreclosure action on a home loan. The statute prescribes what it says, how it is sent, and what has to accompany it.
Receiving one is a serious signal. It means the file has moved out of ordinary collections and into the pre-foreclosure track. It is also, for most homeowners, the last stage before a case exists, which makes it the widest set of options they will have.
Keep the envelope
How this notice was mailed is part of what the law requires, so the envelope and any certified mail receipt are worth keeping with the notice itself.
What the law requires
These are not formalities. Strict compliance with the notice statute is a condition the lender has to satisfy before it can commence a foreclosure action.
It must be sent by registered or certified mail and, separately, by first-class mail. It goes to your last known address and, if that is different, to the property itself. It must travel in its own envelope, not folded in with other mail.
The notice has to carry the statutory wording, including the warning about the risk of losing the home and a statement of how far behind the loan is in days and in dollars.
It must include a current list of at least five housing counseling agencies serving the county where the property is located, taken from the most recent list published by the Department of Financial Services.
In detail
The most common misreading of this notice is that it is a countdown to losing the house. It is not. It is the earliest date a lawsuit could begin.
The statute says a foreclosure action may not be commenced until at least 90 days after the notice is given. Nothing requires a lender to file on day 91, and many do not. Cases are commonly filed months later, and some are never filed at all.
What that means for you is that the 90 days is time you have, not time you are losing. It is the period in which loss mitigation, a reinstatement, a sale, or simply getting advice are all still ordinary options rather than emergency ones.
Within three business days of mailing the notice, the lender, servicer or assignee has to file information about you and the loan electronically with the New York State Superintendent of Financial Services.
That filing is how the state tracks foreclosure activity and directs counseling resources. New York courts have treated it as another condition that has to be satisfied before a case is properly commenced.
Compliance with the 90-day notice statute is a condition precedent to commencing a foreclosure action, and a failure to comply strictly can result in the complaint being dismissed.
That is not a strategy and it is not something to count on. It is a reason to keep the notice, the envelope and any mailing receipts, and to let an attorney look at them rather than throwing the paperwork away.
The housing counseling agencies named in the notice are HUD-approved and free. They are not a substitute for legal advice and they cannot appear in a court case for you, but they can help assemble a loss-mitigation package and talk through a budget at no cost.
Using a counselor and speaking to an attorney are not alternatives. Many homeowners do both.
Concrete things that are useful now and harder later.
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
Not yet. The 90-day notice comes before a foreclosure action may be commenced. A lawsuit begins with a summons and complaint, which is a different document served on you separately.
No. The 90 days is the minimum period before a case can be started. It is not a deadline for you and it is not a schedule for a sale. A foreclosure case, if one is filed, takes considerably longer than that.
Notices are sent to the last known address and, if different, to the property. Lenders also sometimes send a fresh notice, for example after a long gap or a transfer of servicing. Keep all of them with their envelopes.
Write down what it says and compare it with your statements and payment records. Disputes about the amount claimed are common and are worth raising early, in writing, with an attorney or counselor involved.
Yes, that list is there for a reason. HUD-approved housing counseling is free. It is not legal advice and a counselor cannot represent you in court, but it is real help at no cost.
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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