This guide is maintained by Home Pros (Balint Holdings, LLC), a veteran-owned cash home buyer that purchases houses directly from sellers, including homeowners behind on their mortgage. The statutes and federal rule below were read directly from the New York State Senate's statute database and the CFPB's Regulation X on November 6, 2026.
How long does a foreclosure take in New York?
There is no statutory total. Because New York foreclosures go through the courts, the calendar is set less by a statute than by the lender's pace, the court's docket, and whether the homeowner answers the lawsuit. What the statutes do fix are the markers along the way, and those are what you can plan around. We did not find a statewide average in a primary source, so this page does not quote one.
The first marker is federal. Under 12 CFR 1024.41(f)(1), a servicer shall not make the first notice or filing required by law for a foreclosure unless the loan is more than 120 days delinquent. The state markers come from the Real Property Actions and Proceedings Law (RPAPL) and the Civil Practice Law and Rules (CPLR).
| Stage | What happens | Legal marker |
|---|---|---|
| Delinquency | Payments are missed and the loan ages | More than 120 days before the first filing (12 CFR 1024.41(f)) |
| 90-day notice | The lender mails a notice with a list of housing counselors | At least 90 days before legal action starts (RPAPL 1304) |
| Filing with DFS | The lender reports the notice to the state | Within 3 business days of mailing (RPAPL 1306) |
| Lawsuit and service | The lender files and serves the complaint | Proof of service filed within 20 days of service (CPLR 3408) |
| Settlement conference | The court brings the parties together to talk through options | Within 60 days after proof of service is filed (CPLR 3408) |
| Judgment of sale | The court orders the property sold by the sheriff or a referee | Sale within 90 days of the judgment date (RPAPL 1351) |
| Deficiency motion | The lender may ask for the shortfall if the sale falls short | Within 90 days after the deed is delivered (RPAPL 1371) |
Is New York a judicial foreclosure state?
Yes. Article 13 of the RPAPL is the Action to Foreclose a Mortgage, so the lender has to sue and win a judgment before the house can be sold. That is a real difference from power-of-sale states, where a trustee can sell after a notice period. Here a judge, not the lender, controls whether and when the sale happens.
For you, the practical point is that a case number and a court date exist. If you are served, you should respond by the deadline on the papers, because ignoring them hands the lender an easier path to judgment. A New York attorney can tell you what the papers in your case require. Legal aid and housing counselors can help if you cannot afford one.
What notices and deadlines come before the lawsuit?
The big one is the 90-day notice. For a home loan, which RPAPL 1304 defines as a loan to a natural person, for personal or household purposes, secured by a one to four family dwelling or condominium unit that is the borrower's principal dwelling, the lender, assignee, or servicer must give notice at least 90 days before commencing legal action. It has to be sent by registered or certified mail and also by first-class mail, to your last known address and to the property, in a separate envelope from any other mailing. Notice counts as given on the date it is mailed.
The notice must tell you that you may be at risk of foreclosure, state how many days and dollars you are behind, and attach a current list of at least five housing counseling agencies serving your county. It also gives the Attorney General's Homeowner Protection Program hotline, 1-855-466-3456. The statute says the notice is a condition precedent to starting a foreclosure, and it needs to be sent only once in a twelve month period for the same loan and delinquency. The 90-day period stops applying if you file for bankruptcy or no longer live in the home as your principal dwelling.
The same notice says you have the right to remain in your home until a court orders you to leave, that you remain the owner and responsible for the property until it is sold by you or by court order, and that it is not an eviction notice. Within three business days of mailing it, the lender must also file information with the superintendent of financial services (RPAPL 1306).
What is the mandatory settlement conference?
Once a residential foreclosure is filed, CPLR 3408 requires the plaintiff to file proof of service within 20 days of service, and the court must hold a mandatory conference within 60 days after that proof is filed, or on an adjourned date the parties agree to. The purpose is to see whether the parties can reach a resolution, such as a loan modification, a short sale, or a deed in lieu of foreclosure.
Both sides have to negotiate in good faith. The rule looks at the totality of the circumstances, including compliance with court rules and orders, compliance with mortgage servicing laws and loss mitigation standards, and conduct such as avoiding unreasonable delay, appearing with authority to settle, and avoiding prosecution of the foreclosure while a loss mitigation application is pending. A party's failure to make or accept an offer is not, by itself, a failure to negotiate in good faith. A homeowner appearing without a lawyer is treated as having asked to proceed as a poor person, and the court decides whether that is granted.
What happens at the judgment and sale?
If the case is not resolved, the court enters a judgment directing that the mortgaged premises be sold by or under the direction of the county sheriff, or by a referee, within 90 days of the date of the judgment (RPAPL 1351). The judgment also has to include the name and telephone number of the mortgage servicer for a one to four family residential property.
The sale, rather than the filing, is the point of no return. Until the property is sold under the judgment, you are still the owner and can still sell it yourself. That is why timing matters: a sale that closes before the referee or sheriff sells the house lets you pay the lender from the proceeds and keep what is left.
Can I owe money after the house is sold at foreclosure?
Possibly. If the sale brings in less than the debt, the party owed the shortfall may move for leave to enter a deficiency judgment. Under RPAPL 1371 the motion is made at the same time as the motion to confirm the sale, and it has to be made within 90 days after the deed is delivered to the purchaser, with notice to you or your attorney. The court then decides the fair and reasonable market value of the property as of the date it was bid in at auction, or the nearest earlier date it had a market value, and enters the deficiency order. We did not read the credit-against-the-debt formula in full, so ask a New York attorney how the number would be calculated on your loan.
Can I sell my house before the foreclosure sale in New York?
Yes. The RPAPL 1304 notice itself says you remain the owner and responsible for the property until it is sold by you or by order of the court. So until the sheriff or referee sells it, you can sell it like any other owner. New York closings involve attorneys, so line up yours early and give them the case information and any sale date. The closing attorney requests a payoff from the servicer, pays the loan from the proceeds, and sends you the rest. If the house is worth more than you owe, you keep that equity instead of watching it go to a court-ordered sale.
A cash sale fits the calendar. Home Pros makes an offer within 24 hours of seeing the house, buys as-is with no repairs or showings, and closes as fast as 7 days, with most closings between 14 and 30 days. See how we calculate your offer and try the cash offer calculator. If a loved one passed away and the loan is behind, read selling an inherited house in New York, and if you are thinking about moving, see downsizing in New York. For the general playbook, see how to stop foreclosure and stopping foreclosure by selling. Investors can read the New York wholesaling law guide.
Frequently Asked Questions
How long does foreclosure take in New York?
There is no statutory total. New York foreclosures are judicial, so the lender must file a lawsuit and win a court judgment before a sheriff or referee can sell the home. The fixed markers are a loan more than 120 days delinquent before the first filing (12 CFR 1024.41(f)), a 90-day notice before the lender starts legal action (RPAPL 1304), a mandatory settlement conference within 60 days after proof of service is filed (CPLR 3408), and a sale within 90 days of the judgment (RPAPL 1351). How long the case takes in between depends on the court, the lender, and whether you contest it.
Is New York a judicial foreclosure state?
Yes. Article 13 of the Real Property Actions and Proceedings Law is titled Action to Foreclose a Mortgage, and the lender has to bring that action in court. The judgment directs the sale of the property, which is then run by the county sheriff or a referee (RPAPL 1351).
What is the 90-day notice in New York?
For a home loan, the lender, assignee, or servicer must mail a notice at least 90 days before it commences legal action. It has to go by registered or certified mail and by first-class mail, to the borrower's last known address and to the property, and it must list at least five housing counseling agencies serving your county. It is a condition precedent to starting the foreclosure (RPAPL 1304). The same notice points you to the Attorney General's Homeowner Protection Program hotline at 1-855-466-3456.
Can I stop a New York foreclosure?
Sometimes. You can respond to the lawsuit, attend the mandatory settlement conference, ask for a loan modification or other loss mitigation, reinstate or pay off the loan, or sell the house before the sale. Free housing counseling is available through the agencies listed on your 90-day notice. A New York attorney can tell you which options fit your case.
Can the lender sue me for the difference if the house sells for less than I owe?
In some cases. After the sale, the lender can move for a deficiency judgment, but it has to make the motion within 90 days after the deed is delivered to the buyer, and the court then sets the fair and reasonable market value of the property as of the auction date (RPAPL 1371). Ask a New York attorney how that applies to your loan.
Can I sell my house while it is in foreclosure in New York?
Yes. You legally remain the owner and are responsible for the property until it is sold by you or by order of the court at the end of the foreclosure (the language of the RPAPL 1304 notice). You can sell to a cash buyer, pay off the lender at closing, and keep whatever equity is left. The closing has to happen before the sheriff or referee sells the house.
How fast can Home Pros close on a house in foreclosure?
Home Pros typically makes an offer within 24 hours of seeing the property, with closings as fast as 7 days and most landing between 14 and 30 days. Buying as-is means no repairs, showings, or agent commissions slow the closing.
Sources
- RPAPL 1304: the 90-day notice and what it must say.
- RPAPL 1306: filing with the superintendent of financial services.
- CPLR 3408: the mandatory settlement conference and good faith factors.
- RPAPL 1351: judgment of sale within 90 days.
- RPAPL 1371: deficiency judgments.
- CFPB, 12 CFR 1024.41: the 120-day pre-foreclosure review period.
Statutes and rules change, and every foreclosure turns on its own facts. This article is educational and is not legal, tax, or financial advice. Confirm your deadlines with the court handling your case or a New York attorney.
Co-founder and COO of Home Pros (Balint Holdings, LLC) and a licensed Texas real estate agent. Trevor runs the acquisitions and dispositions side of the business, buying houses directly from sellers and placing them with investors. More about Trevor →