Right to answer the foreclosure lawsuit and be heard
N.Y. C.P.L.R. 320(a)
In plain words
New York foreclosures go through court. After you are served, you must appear (usually by filing an answer) within 20 days if the papers were handed to you, or 30 days if served another way. Answering lets you raise defenses such as a missing 90-day notice or the lender’s lack of standing.
Who is protected
Every defendant served in a New York foreclosure action.
When it applies
- Only in New York.
- Only after a notice of default.
What you can do
File your answer on time
Write down how and when you were served and count the days.
Deadline: 20 days after personal delivery; 30 days after other service
Open the toolPrepare your defenses
List the notices you did and did not receive and who holds the note.
Open the toolRead your state guide and find free help
Open the state page for the process, deadlines and legal-aid contacts in your state.
Open the tool
Honest limits
- Missing the deadline can lead to a default judgment, and defenses such as standing can be waived if not raised.
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State court ruleTime to appear
N.Y. C.P.L.R. 320(a)
What it says: An appearance must be made within 20 days after personal service, or 30 days for other service methods.
Read the official texthttps://www.nysenate.gov/legislation/laws/CVP/320
Court cases
- Homeowner lostCited for this rightAurora Loan Services, LLC v. Taylor
Aurora Loan Servs., LLC v. Taylor, 25 N.Y.3d 355 (2015)
in New York the note, not the mortgage, is the instrument that gives standing to foreclose, and a plaintiff holding the note before suing has standing
- Homeowner wonCited for this rightBank of New York v. Silverberg
Bank of N.Y. v. Silverberg, 86 A.D.3d 274 (N.Y. App. Div. 2011)
a plaintiff whose only claim to the loan is an assignment from MERS, which never held the note, lacks standing to foreclose in New York
- Homeowner lostCited for this rightFreedom Mortgage Corp. v. Engel
Freedom Mortg. Corp. v. Engel, 37 N.Y.3d 1 (2021)
a noteholder's voluntary discontinuance of a foreclosure action that accelerated the debt revokes the acceleration
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Right to a 90-day warning before a foreclosure lawsuit
N.Y. Real Prop. Acts. Law § 1304(1)
For a home loan on the home you live in, the lender or servicer must send you a special notice at least 90 days before it sues to foreclose. The notice must list free housing counseling agencies near you. A foreclosure case filed without a proper 90-day notice can be dismissed.
Read this rightRight to a mandatory settlement conference
N.Y. C.P.L.R. 3408(a)
If you live in the home and the loan is a home loan, the court must hold a settlement conference within 60 days after the lender files proof that you were served. The goal is to look for a solution such as a loan modification. Both sides must negotiate in good faith.
Read this rightRight to pay what is due and end or pause the case
N.Y. Real Prop. Acts. Law § 1341
When only part of the loan is due, you can pay the court the past-due principal and interest plus the costs. If you pay before the judgment of sale, the court must dismiss the case. If you pay after judgment but before the sale, the court must stay (pause) the case.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightPause a court case while on military duty
50 U.S.C. § 3932(b)(1)
If you are in military service and get sued, the court must pause the case for at least 90 days if you ask and show that your duty keeps you from appearing. Before a court can enter a default judgment against you, the other side must file a sworn statement saying whether you are in the military, and the court may appoint a lawyer for you.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this right