Timeline guide

The NYC foreclosure timeline, in plain English

New York foreclosure is long compared with many states, but it is not slow in a way that protects you automatically. Each stage closes off some paths and raises the price of waiting.

Day 1–90

Missed payments

What happens: Late fees begin, the account falls behind, and the servicer starts collection outreach.

What to do now: A catch-up plan, forbearance, or early modification review can still be on the table.

Around day 90+

The 90-day pre-foreclosure notice

What happens: The lender sends the RPAPL 1304 notice before filing the case.

What to do now: This is the moment to stop treating the problem like a billing issue and start treating it like a legal timeline.

After the notice period

Summons and complaint

What happens: The foreclosure case is filed and formally served.

What to do now: At this point attorney review matters because deadlines and defenses become real.

Early case stage

Settlement conference

What happens: New York requires a settlement conference for many residential owner-occupied cases.

What to do now: Modification packages, payoff discussions, and procedural issues often surface here.

Mid-case

Answer and discovery

What happens: If the case is contested, the parties exchange papers and the court process slows down.

What to do now: This is where legal strategy, documentation gaps, and lender errors matter most.

Late case stage

Judgment of foreclosure and sale

What happens: The court signs the judgment and authorizes the sale process.

What to do now: The room for delay narrows and the urgency rises sharply.

Sale date

The auction

What happens: The referee conducts the foreclosure sale.

What to do now: Control is mostly gone by this point. Last-minute options tend to be legal, not operational.

After sale

Surplus money

What happens: If the auction brings more than what is owed, there may be surplus funds to claim.

What to do now: That is usually a different process than saving the home, but it still matters.

If you only know one thing, make it this

The right strategy changes as the case moves. The best move at the 90-day notice stage is often not the best move once a sale date exists.