The New York foreclosure timeline, step by step
New York foreclosures go through the courts, so the sequence is fixed even though the length is not. This page lays out every step from the first missed payment to the sale, with the clocks the law actually sets, so you can find where you are.
Judicial foreclosure: every case goes through court
Statutory minimums before filing, no maximum after
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There is no fixed length.
There are fixed floors.
Ask how long a New York foreclosure takes and any honest answer starts with what the law requires before a case can be filed, and then admits that after filing there is no upper limit.
Before a case: federal servicing rules generally bar the first foreclosure filing until a borrower is more than 120 days delinquent, and New York requires a 90-day notice before a home-loan case can begin. Those are the floors. Servicers often take longer.
After a case is filed the court controls the pace. A settlement conference must be held within 60 days of proof of service, but conferences are adjourned, motions take months, and a contested case with defenses can run for years. That length cuts both ways: it is time to work out a resolution and it is time in which interest and fees accrue.
Why this matters
Every step below has a different set of options open to you. The stage guides explain each; this page shows the order and the clocks so you can see what is behind you and what is still ahead.
The sequence
Eight steps, in the order they happen.
Not every case touches every step and some steps repeat, but the order does not change. Where a number appears it comes from statute or court rule and is cited at the foot of the page.
- 01
Missed payments
The loan is delinquent from the first missed due date. Late fees begin under the note; the servicer must reach out under federal servicing rules.
No court involvement. Reinstatement is a matter of arithmetic.
- 02
Notice of default or acceleration
A contractual letter naming the default, what cures it and a date at least 30 days out. Acceleration, when it comes, makes the whole balance due.
Contractual, not statutory. Read the cure date.
- 03
The 90-day notice
Statute requires a notice at least 90 days before a home-loan case can be filed, listing housing counseling agencies. Federal rules separately bar a first filing before 120 days of delinquency.
The first clock the law itself imposes.
- 04
Summons, complaint, notice of pendency
The case begins in the Supreme Court of your county. You have 20 days to answer if served in person, 30 otherwise. A notice of pendency goes on the property record.
Now there is a case number and a judge.
- 05
Settlement conference
Mandatory in a residential case, within 60 days of proof of service being filed. Both sides must negotiate in good faith. A defendant who appears without having answered gets 30 more days to answer.
The stage most modifications are worked out at.
- 06
Motions and judgment
If no resolution, the lender moves for summary judgment or default judgment and a referee computes the amount due. The judgment of foreclosure and sale directs the sale.
Contested cases can spend a long time here.
- 07
Notice of sale and auction
The sale is published once a week for four weeks (or twice weekly for three) and held where the county's auction plan says. The sale ends the right to redeem.
New York has no post-sale redemption period.
- 08
After the sale
Any deficiency motion must be made within 90 days of the deed. Surplus is claimed through the court. A former owner is removed only by a court proceeding after a ten-day notice.
The end of the case, not always the end of the paperwork.
The clocks
What the law times, and what it does not.
Homeowners are often told a deadline that does not exist and miss one that does. This is the list.
| Consideration | Set by law | Not set by law |
|---|---|---|
| Before a case is filed | More than 120 days delinquent (federal rule); 90 days after the statutory notice (New York) | How soon after that the lender actually files |
| Answering the complaint | 20 days if served in person in New York; 30 days by any other method | Whether the lender will agree to more time (they sometimes do, in writing) |
| Settlement conference | Within 60 days of proof of service being filed; 30 days to answer after a first appearance without one | How many times it is adjourned |
| Notice of pendency | Filed at least 20 days before a judgment directing sale | When it is filed relative to service |
| Judgment | No statutory deadline | Months to years, depending on motions and defenses |
| Notice of sale | Published once a week for four weeks, or twice a week for three | Whether the sale is adjourned |
| After the sale | Deficiency motion within 90 days of the deed; ten-day notice before a holdover case | How long a holdover or writ of assistance takes in your county |
Court rules and statutes are cited at the foot of this page. Local practice, particularly which conference part hears the case and how sales are scheduled, is on your county page.
In detail
Reading your own timeline.
Two things make an individual timeline: what has been served on you, and what has been filed with the court. Both are checkable.
What you have been served with tells you the step
A letter from the servicer is step two. A notice that says 90 days and lists counseling agencies is step three. A summons is step four, and its method of service sets your answer deadline. A notice of sale with a date, place and time is step seven.
Keep every envelope. The date on a mailing and the way a summons was delivered are facts a court can be asked about, and they are lost if the paper is.
What is on file tells you the rest
The county clerk's index and the court system's online case search show whether a case exists, what has been filed and whether a judgment has been entered. A notice of pendency on the property record is the earliest public sign of a case.
Every county page on this site lists where that record is kept and how to reach the foreclosure part, so you can confirm the stage rather than guess it.
Where the timeline can pause
A complete loss-mitigation application submitted more than 37 days before a scheduled sale stops the servicer moving for judgment or holding the sale while it is pending. A bankruptcy filing imposes an automatic stay. A court can grant a stay on motion. Payment of the amount due before judgment, with interest and costs, can end the case.
None of these is automatic and none is guaranteed. Which is available depends on the step you are at and the facts of the file, which is why the stage matters more than the calendar.
The timeline does not end at the auction
The sale ends the right to redeem, but three things can follow it: a surplus, if the sale brought more than the debt; a deficiency motion, if it brought less and the lender moves within 90 days; and, if someone still lives in the home, a court proceeding to remove them. Each has its own guide.
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
About how long it takes.
How long does a foreclosure take in New York?
There is no fixed length. The law sets minimums before a case can be filed: federal servicing rules generally bar a first filing until a borrower is more than 120 days delinquent, and New York requires a 90-day notice before a home-loan case begins. After filing, the court stages have no maximum; a contested case can run for years.
When does foreclosure actually start?
The lawsuit starts when the lender files a summons and complaint in the Supreme Court of the county where the home is and serves them on you. Everything before that, including the 90-day notice and default letters, is pre-foreclosure. A notice of pendency on the property record is the public sign that a case exists.
What are the steps of a foreclosure in New York?
Missed payments; a notice of default from the servicer; the statutory 90-day notice; the summons and complaint with a notice of pendency; the mandatory settlement conference within 60 days of proof of service; an answer and any motions; a judgment of foreclosure and sale; the published notice of sale; the auction; and, if anyone stays, a court proceeding to remove them.
How long do I have after being served with foreclosure papers?
Twenty days to answer if you were handed the papers in person in New York, and thirty days by any other method of service. If you missed that and then appear at the settlement conference, the court rule lets you file an answer within thirty days of that first appearance.
Is it too late once a sale date is set?
A sale date means the case is at its last stage, not that every option has passed. Payment in full before the sale, a court application for a stay, and in some cases bankruptcy are the things that exist this late; what applies depends on the file. After the sale there is no redemption period in New York.
Statutes and rules behind this timeline
- F9: Under Regulation X a servicer generally may not make the first foreclosure filing until the borrower is more than 120 days delinquent. (12 CFR § 1024.41(f)), read 2026-09-10
- F4: RPAPL § 1304 requires a 90-day pre-foreclosure notice for a home loan before an action may be commenced. (RPAPL § 1304), read 2026-09-10
- F11: The homeowner must answer within 20 days if personally served in New York, and within 30 days by any other method. (CPLR §§ 320, 3012), read 2026-09-10
- F14: The notice of pendency must be filed at least 20 days before a final judgment directing a sale. (RPAPL § 1331), read 2026-09-10
- F17: The court must hold a mandatory settlement conference within 60 days after proof of service is filed. (CPLR R. 3408(a)), read 2026-09-10
- T2: A defendant who appears at the conference without having answered may serve and file an answer within 30 days of the first appearance. (CPLR R. 3408(m)), read 2026-09-10
- F22: The notice of sale is published once a week for four weeks, or twice a week for three weeks. (RPAPL § 231), read 2026-09-10
- F24: The sale ends the right of redemption; New York has no post-sale redemption period. (Court of Appeals precedent), read 2026-09-10
- T3: A deficiency motion must be made within 90 days of delivery of the deed; otherwise the proceeds are full satisfaction. (RPAPL § 1371), read 2026-09-10
- T4: A former owner is removed only by court proceeding: a holdover after a ten-day notice and exhibition of the deed, or a writ of assistance. (RPAPL § 713(5)), read 2026-09-10
Every clock on this page is a statutory or court-rule minimum checked against published New York and federal law on 2026-09-10 and recorded in the site's evidence file. No average case length is stated because none is published by the courts.
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