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The NYC Foreclosure Process, Explained

Foreclosure paperwork is designed to be confusing. This step-by-step guide walks through exactly what happens in a New York City foreclosure — from the first missed payment to the sheriff sale — and shows where you still have room to act at every stage.

If you've received foreclosure paperwork in New York City, the process can feel like a black box designed to be confusing. This guide walks through what actually happens, step by step, and — importantly — where you still have room to act at each stage. This is general information, not legal advice; for your specific case, consult a licensed attorney.

The NYC foreclosure timeline, step by step

1

Missed payments & default

After you fall behind, the lender eventually issues a notice of default. In New York, you're also typically entitled to a 90-day pre-foreclosure notice before a case can be filed.

2

Lis pendens & the lawsuit

The lender files a lis pendens (notice of pending legal action) and a foreclosure complaint. This is the official start of the court case. You have the right to respond.

3

Settlement conference

New York requires a mandatory settlement conference for owner-occupied homes, where you and the lender explore alternatives like loan modification. This is a real opportunity, not a formality.

4

Judgment of foreclosure & sale

If the case proceeds, the court enters a judgment and appoints a referee. A sale amount is calculated and an auction gets scheduled — this is the "sheriff sale."

5

The auction

The property is sold at public auction. Up until this point — and sometimes right up to the sale date — options like selling the property yourself may still be available.

6

After the sale

If the property sells for more than what's owed, you may be entitled to the surplus. If you're still in the home, the process moves toward possession.

The key insight most homeowners miss

At almost every stage above — especially before the auction — selling the property yourself can pay off the debt and preserve any remaining equity. A cash sale can often close faster than the foreclosure completes, letting you walk away on your terms instead of the lender's. The earlier you explore it, the more options you have.

Where you still have options

  • Before the case is filed: loan modification, reinstatement, or selling.
  • During the case: the settlement conference, forbearance, or a sale that pays off the balance.
  • After judgment, before auction: often still time for a fast cash sale to close before the sale date.
  • Preserving surplus equity: if the home is worth more than the debt, selling yourself protects that difference rather than leaving it to the auction.

How selling before the sale works

If you decide a sale is your best path, the process is straightforward: you tell us about the property, we make a fair as-is cash offer, and if you accept, we work to close before your auction date. No repairs, no cleanup, no agent commissions. If the numbers don't work for you, there's no obligation — you simply walk away.

Borough-specific help

Foreclosure procedures vary slightly across NYC's boroughs. For details specific to where your property is, see our local pages:

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Frequently asked questions

How long does foreclosure take in NYC?

New York is a judicial foreclosure state, so the process goes through the courts and can take anywhere from several months to a few years depending on the case, the court's calendar, and whether you contest it. That timeline often gives homeowners more room to act than they expect.

Can I sell my house during foreclosure?

Yes. In most cases you can sell right up until the auction, and a sale that pays off the outstanding balance can stop the foreclosure. A fast cash sale can sometimes close before the sale date.

What is a lis pendens?

A lis pendens is a public notice that a lawsuit — here, a foreclosure — has been filed against a property. It's the official start of the court case and appears in public records.

What happens to my equity if the house is auctioned?

If the property sells at auction for more than what you owe, you may be entitled to the surplus. But selling the property yourself before the auction generally gives you more control over preserving that equity.

Is reaching out to you the same as getting legal advice?

No. We're cash buyers, not attorneys, and this guide is general information — not legal advice. For legal questions about your specific foreclosure, you should consult a licensed New York attorney.