How to Fight Foreclosure in New York | Petroff Amshen

Written by Steven Amshen | Aug 18, 2026, 1:37:43 PM

How does foreclosure work in New York?

New York is a judicial foreclosure state. The process begins after a homeowner falls behind on mortgage payments, but it is not automatic. To foreclose, the party holding the loan must file a lawsuit and ask a court to allow the sale. That requirement is what gives a homeowner the opportunity to be heard and to present defenses.

Quick Points for New York Homeowners

  • Act on the notices. Responding early to foreclosure notices generally leaves more legal options open. Ignoring them can narrow the available defenses.
  • Know your rights. New York law requires a court process before a home can be foreclosed or sold. That process is the homeowner's opportunity to challenge the case.
  • Standing must be established. New York law requires the party seeking foreclosure to establish the legal right to do so. Gaps in the documentation can support a defense.
  • Foreclosure has decision points. The case moves through stages, and legal options can be evaluated at several of them.
  • Get legal support. Foreclosure law is detailed. An experienced foreclosure defense attorney can review the file and identify available defenses.

What are the steps in the New York judicial foreclosure process?

Because New York requires a lawsuit, the matter is reviewed by a judge. For most home loans, New York law also requires specific notices before and during the case, including the 90-day pre-foreclosure notice under RPAPL 1304 and the notice under RPAPL 1303. Residential foreclosure cases are also directed to a court-supervised settlement conference. Each of these steps is a point where the requirements of the law can be examined.

What are common foreclosure defenses?

A homeowner is not required to prove that a loan was unfair. The defense focuses on whether the law was followed. Depending on the facts, defenses may include:

  • Whether the party seeking foreclosure has established standing.
  • Whether the required RPAPL notices were properly served.
  • Whether the foreclosure was filed within New York's statute of limitations.
  • Errors or gaps in the loan documentation.

Why does timing matter in a foreclosure?

New York's judicial process can take years to resolve. That length can work in a homeowner's favor, creating time for legal options to be evaluated. It also makes early action important. A homeowner who responds to the notices and seeks legal guidance generally has more room to present a defense than one who waits.

How Petroff Amshen Approaches Foreclosure Defense

Petroff Amshen LLP represents New York homeowners in foreclosure defense. The firm reviews the loan file and the court record, identifies the defenses available under New York law, and litigates the case in state and federal courts. The firm's focus is the defense itself: whether the process and the documentation meet what the law requires.

“In New York, the law gives homeowners real opportunities to challenge a foreclosure. Acting early and reviewing the record closely is what opens those options.”

Steven Amshen, Founding Partner, Petroff Amshen LLP

Frequently Asked Questions

Does New York require a court process to foreclose?
Yes. New York is a judicial foreclosure state, which means the party holding the loan must file a lawsuit and obtain a court order before a home can be sold.
How long does foreclosure take in New York?
New York's judicial process can take several years to resolve, depending on the case.
What is the RPAPL 1304 notice?
RPAPL 1304 requires a 90-day pre-foreclosure notice to the homeowner for most home loans before a foreclosure action can proceed.
What defenses are available in a New York foreclosure?
Depending on the facts, defenses may include challenges to standing, defects in the required RPAPL notices, the statute of limitations, and errors in the loan documentation.
Can a homeowner still respond after missing payments?
Yes. Because foreclosure in New York is a court process, a homeowner generally has the opportunity to respond and raise defenses after the case is filed. Acting early tends to keep more options open.
How can a foreclosure defense attorney help?
A foreclosure defense attorney can review the loan file and court record, identify the defenses available under New York law, and litigate the case. Whether a defense applies depends on the specific facts.
Know Your Legal Options.
Petroff Amshen LLP represents New York homeowners in foreclosure defense in state and federal courts.

Authoritative sources: RPAPL § 1304 · CPLR 3408
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