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When The House Is Foreclosed

Real Prop. Actions Law § 1304 — notice at least ninety days before a home loan foreclosure

In New York, at least ninety days before a lender, an assignee or a mortgage loan servicer starts legal action against a borrower on a home loan, including a mortgage foreclosure, it gives the borrower a notice in at least fourteen-point type.

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What the notice says. The notice tells the borrower they may be at risk of foreclosure, lists government approved housing counseling agencies that give free counseling, and says that if nothing is done to resolve the matter within 90 days from the date it was mailed, legal action may begin.

Staying in the home. The required notice also says the borrower has the right to remain in the home until a court order tells them to leave, and remains the owner until the property is sold by them or by order of the court.

The assumptionWhat the law actually does
The assumptionThe lender can sue the day after a missed paymentWhat the law actually doesAt least ninety days' notice first, on a home loan
The assumptionA foreclosure filing means moving out nowWhat the law actually doesThe right to remain in the home until a court orders otherwise

Loss mitigation, loan modification and the federal servicing rules run alongside a foreclosure on their own deadlines and are not on this page. Whether a notice was proper, whether a defense exists, and what a particular sale means are questions for a licensed New York attorney.

Sources for this section (1)
  1. RPAPL § 1304 — Required prior notices

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.

On the clock

One period on this page runs out. Each is stated above with its authority; this is the same thing with the date attached.

  • At least 90 daysNotice before a home loan foreclosure · from the notice to the borrower is mailed

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