Foreclosure and tax sales in New York
What our research shows about New York's rules. General information with sources — not legal advice, and not a reading of your papers.
How foreclosure works
The usual timeline
- +At least 120 days
Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind
Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.
Checked against the official text12 CFR § 1024.41(f)(1) - +At least 90 days
Pre-suit notice — at least 90 days before the lawsuit can be filed
For an owner-occupied 1–4 family home or condo, the lender or servicer must send the 90-day pre-foreclosure notice (with a list of housing counselors) at least 90 days before suing. A missing or defective notice can be a strong defense.
Checked against the official textRPAPL § 1304 Lawsuit filed and you are served with the summons and complaint
From a reputable summary- +At least 20 days
Answer due — 20 days after service
20 days after personal delivery of the summons; 30 days when service was completed another way (e.g., substituted service).
Checked against the official textCPLR 320(a) Mediation / settlement conference required in your state
Mandatory residential foreclosure settlement conference (CPLR 3408). For an owner-occupied home, the court must hold a settlement conference within 60 days after proof of service is filed. If you come without a lawyer, the court must consider whether to appoint one.
From a reputable summaryCourt judgment of foreclosure (if the lender wins)
From a reputable summarySheriff’s / court sale
After judgment of foreclosure and sale, the referee’s sale is published in a newspaper (and posted where required).
From a reputable summaryNo right to redeem after the sale
You can pay off the loan before the sale; no redemption after it.
From a reputable summary
A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.
Notices and the sale
- Notice before foreclosure
- At least 90 daysFor an owner-occupied 1–4 family home or condo, the lender or servicer must send the 90-day pre-foreclosure notice (with a list of housing counselors) at least 90 days before suing. A missing or defective notice can be a strong defense.
“…at least ninety days before a lender, an assignee or a mortgage loan servicer commences legal action against the borrower…” (RPAPL § 1304(1))
- Notice of sale
- After judgment of foreclosure and sale, the referee’s sale is published in a newspaper (and posted where required).
RPAPL § 231
From a reputable summary[1] - Publication
- Newspaper publication of the sale.From a reputable summary[1]
- When sales happen
- Not researched yet for this state.
- Time to answer the lawsuit
- 20 days
20 days after personal delivery of the summons; 30 days when service was completed another way (e.g., substituted service).
- Court confirms the sale
- Not researched yet for this state.
Your rights before and after the sale
- Catching up (reinstatement)
- Any time before final judgment (the case is dismissed); after judgment but before the sale, paying the arrears stays the case.
RPAPL § 1341
- Buying the home back (redemption)
- NoYou can pay off the loan before the sale; no redemption after it.
- Owing money after the sale (deficiency)
- LimitedOnly if you were personally served or appeared. The lender must move within 90 days after the sale is consummated, and the deficiency is the debt minus the HIGHER of the court-determined fair market value or the sale price.
- Mediation
- RequiredMandatory residential foreclosure settlement conference (CPLR 3408).For an owner-occupied home, the court must hold a settlement conference within 60 days after proof of service is filed. If you come without a lawyer, the court must consider whether to appoint one. ↗
CPLR 3408
From a reputable summary[1] - Homestead note
- Foreclosure Abuse Prevention Act (Dec. 30, 2022) limits resetting or extending the statute of limitations for foreclosure actions.From a reputable summary[1]
Property tax sales
- Tax sale system
- Court-ordered tax sale
The tax district forecloses its lien in court (RPTL Article 11), then takes the property or auctions it. New York City and some counties use other procedures.
From a reputable summary[6] - How it works
- A foreclosure petition is filed and published; you get a certified and first-class notice naming the last day to redeem, at least six months after first publication.From a reputable summary[6]
- Redeeming after a tax sale
- Two years after the lien date (a district may allow longer for homes/farms, or cut it to one year for vacant and abandoned property), or later if the notice says so.
The timeline uses 365 days only because a district may shorten the period for vacant and abandoned property; for an occupied home the default is two years.
- Relief programs
- Not researched yet for this state.
- Payment plans
- Where the tax district allows it, an installment agreement of up to 36 months with a down payment of no more than 25%.From a reputable summary[6]
- Surplus after a tax sale
- Not researched yet for this state.
Bankruptcy exemptions
- Federal exemption list
- You may choose the federal list
You may choose the federal bankruptcy exemption list (11 U.S.C. § 522(d)) instead of the state list — one list or the other, never a mix.
From a reputable summary[8] - Homestead exemption
- $102,400 to $204,825 by county tierThree county tiers, from $102,400 to $204,825; doubled where both spouses file.(N.Y. C.P.L.R. § 5206)From a reputable summary[9]
Where to get free help
- Free legal aid (LSC-funded)
- Checked against the official text[11]
- State housing agency
The official site blocked our automated check on 2026-09-22; confirm the page before relying on it.
Not confirmed — check it[10]- Attorney general / consumer protection
- Checked against the official text[13]
- Court self-help
The official site blocked our automated check on 2026-09-22; confirm the page before relying on it.
Not confirmed — check it[14]- HUD-approved housing counselors
- HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.
Sources
Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.
- [1]Nolo — New York Foreclosure Laws and Proceduressummary
- [2]Nolo — State Foreclosure Laws: 50-state chart (process, deficiency, redemption, reinstatement)summary
- [3]RPAPL § 1304 (official text, NYS Open Legislation)RPAPL § 1304official
- [4]RPAPL § 1371 (official text, NYS Open Legislation)RPAPL § 1371official
- [5]CPLR 320(a) (official text, NYS Open Legislation)CPLR 320(a)official
- [6]Nolo — New York property tax foreclosuresummary
- [7]RPTL § 1110 (official text, NYS Open Legislation)RPTL § 1110official
- [8]Nolo — Federal Bankruptcy Exemptions — which states allow the federal list11 U.S.C. § 522(b)(2)summary
- [9]Asset Protection Planners — Homestead Exemptions by U.S. State and Territory (2026 chart with statute cites)summary
- [10]New York State Homes and Community Renewalofficial
- [11]Legal Services Corporation — Our Grantees (official list of LSC-funded programs by state)official
- [12]Free Legal Help in New York State | LawHelpNY (official site, checked live)official
- [13]Home | New York Attorney General (official site, checked live)official
- [14]NY CourtHelp — Foreclosureofficial