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.
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 assumption | What the law actually does |
|---|---|
| The assumptionThe lender can sue the day after a missed payment | What the law actually doesAt least ninety days' notice first, on a home loan |
| The assumptionA foreclosure filing means moving out now | What 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)
- 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.