The New York Foreclosure Timeline & Your Rights
The word “foreclosure” sounds instant. In New York, it isn't — it's a court process with several steps and several chances to act. Knowing the timeline takes a lot of the fear out of it.
Off Market Investors is a family-owned cash buyer based in Glen Cove, New York. We're not a “foreclosure rescue” service and we never charge upfront fees. Here's how the New York timeline really works.
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It starts with a 90-day notice
For an owner-occupied home loan, the lender must send you a 90-day pre-foreclosure notice (RPAPL § 1304) before filing anything in court. By law it includes a list of government-approved housing counselors. That 90-day window is your runway — the single best time to call a free counselor and look at your options.
Then it goes through court
New York is a judicial-foreclosure state, so the lender has to file a case and serve you. Once it's filed, New York requires a mandatory settlement conference (CPLR Rule 3408), where you and the lender are supposed to negotiate in good faith — a real opportunity for a loan modification, a repayment plan, a short sale, or a deed in lieu. The whole process commonly takes many months to years, not days.
Your rights and free help at every step
You have the right to be properly notified, to attend the settlement conference, and to defend the case. And you don't have to do it alone or pay for help: HOPP provides free counseling and legal representation — including at the settlement conference — anywhere in New York. Call (855) 466-3456 or visit homeownerhelpny.org.
- Open every notice and letter — don't set them aside. The dates matter.
- Call HOPP ((855) 466-3456) or visit homeownerhelpny.org for free counseling right away.
- Ask a counselor or attorney about a loan modification or other loss-mitigation options.
- If a case is filed, go to your mandatory settlement conference — it's a real chance to resolve things.
- Steer clear of anyone demanding an upfront fee to “save” your home.
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General information only, not legal advice. Read the law on the mandatory settlement conference at CPLR Rule 3408, and get free help through HOPP.