New York State Mortgage Foreclosure Law
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FAQ
Lender asks court for a judgment on default and to appoint a Referee to decide the amount you owe and write a report. Lender asks court to accept the Referee's findings. Judge orders sale of your home. Lender and Referee choose date for auction at the courthouse.
Ing to the New York State Department of Financial Services, an average foreclosure case takes about 445 days to be concluded in New York, with some taking much longer depending on the court in which the case was filed.
New York law provides that a lender has six years to commence a mortgage foreclosure action from the earlier of (i) the date that the lender accelerates the loan based on a borrower default or (ii) the maturity date. The most common default is, of course, a borrower's failure to make timely loan payments.
Before a Foreclosure Action Begins in Court You have a right to be notified at least 90 days before a foreclosure suit is filed informing you that you are in default and at risk of foreclosure. You have the right to explore ?loss mitigation? options that may allow you to keep your home and avoid litigation.
You do this by signing the Answer in front of a notary public. If you got an E-filing Notice with the court papers, this mean that you can serve and file your Answer over the internet using NYSCEF, the New York State Courts Electronic Filing system. Read about E-filing to see if this is something you want to do.