Just got served foreclosure papers in New York — what do I do?

Act immediately on two fronts: (1) calculate your answer deadline — generally 20 days if personally served inside New York, or 30 days if served any other way — and start drafting your Answer with affirmative defenses; and (2) gather your loan file, find the 90-day RPAPL 1304 notice (or confirm you never received one), and calendar the mandatory settlement conference. Doing nothing is the most damaging choice — a default judgment means the lender can proceed without your defenses being heard.

How long do I have to respond to a foreclosure complaint in New York?

Generally 20 days if you were personally handed the papers within New York, or 30 days if served any other way (such as by mail or by leaving the papers with someone else). Missing the deadline can lead to a default judgment, so calculate it carefully and respond in time.

What happens if I ignore a foreclosure summons?

If you do not answer or appear, the lender can seek a default judgment and proceed toward a sale without your defenses being heard. A default can sometimes be vacated by an Order to Show Cause, but it is far better to respond before the deadline.

Does attending the settlement conference stop my deadline to answer?

Don't count on it. The mandatory CPLR 3408 settlement conference is a separate, important step, and it does not formally pause your time to file an Answer — so file on time. (If you reside at the property, appear at the conference, but missed the answer deadline, CPLR 3408(m) gives owner-occupied homeowners a presumed reasonable excuse and about 30 days to file a late answer — though it can still require a motion, so answering on time is far safer.) Do both.

What are the strongest foreclosure defenses in New York?

Common case-ending defenses include a defective or missing RPAPL 1304 90-day notice, failure to file proof under RPAPL 1306, lack of standing (the plaintiff did not own the note when it sued), an inflated amount claimed, and the statute of limitations as tightened by the 2022 FAPA.

Guides · Foreclosure Defense — New York

Just Got Served Foreclosure Papers in New York — What to Do Now

A foreclosure summons is a clock, not a verdict. Here is what the papers mean, the deadline you cannot miss, and the first moves that preserve every defense you have.

8 min read · Updated July 10, 2026

If you just got served foreclosure papers in New York, the first thing to understand is that this is the beginning of a court case in which you have rights — not the end. In New York, foreclosure is judicial: the lender must sue you, prove its case, and get a judge to sign off before your home can be sold. Nothing happens overnight, and the law gives you several built-in protections. The single most important thing is to not ignore the papers.

What you were actually served with

A New York foreclosure typically arrives as a packet containing: the Summons (tells you that you are being sued and how long you have to respond), the Complaint (the lender's numbered allegations — the loan, the default, the amount claimed, and who supposedly owns your note), an RPAPL § 1303 notice (a specially-formatted 'Help for Homeowners in Foreclosure' notice on colored paper), and often a Certificate of Merit signed by the lender's attorney.

The deadline you cannot miss

Your time to respond depends on how you were served. If the papers were handed to you in person inside New York, you generally have 20 days to answer. If they were served any other way — left with another person, taped to the door ('nail and mail'), or mailed — you generally have 30 days from completion of service. Count carefully and conservatively; if in doubt, treat it as the shorter window.

Missing this deadline is the most common and most damaging mistake. If you do not respond in time, the lender can ask the court for a default judgment, and you can lose the right to raise defenses at all. (If that has already happened, a default can sometimes be vacated — see our guide on the Order to Show Cause below — but it is far better not to default in the first place.)

Answer vs. settlement conference — you can do both

New York requires a mandatory foreclosure settlement conference (CPLR § 3408) in owner-occupied, one-to-four-family home loan cases, usually scheduled early in the case. This is a court-supervised chance to discuss loss mitigation — a modification, forbearance, or other alternative — with the lender, and both sides must negotiate in good faith. Attending the conference is important, but it is not a substitute for filing an Answer. Don't rely on the conference to protect your answer rights — file an Answer on time. (New York does give owner-occupied homeowners who reside at the property and appear at the conference a presumed reasonable excuse and about 30 days to file a late answer under CPLR 3408(m) — though a late answer can still be rejected and may require a motion, so it is far safer to answer on time.)

What to look for — the defenses that matter in New York

Lenders must comply strictly with New York's foreclosure statutes, and courts dismiss cases for technical defects. Before you respond, look hard for these:

RPAPL § 1304 90-day notice. For most home loans the lender must send a specific 90-day pre-foreclosure notice, in 14-point type, with the exact statutory language and a list of approved counseling agencies, by first-class mail and also by registered or certified mail. Defective or missing § 1304 notice is a powerful, frequently case-ending defense.
RPAPL § 1306 filing. The lender must electronically file proof of the § 1304 mailing with the state within three business days. Failure is its own defense.
Standing. The party suing must actually own or hold your note at the time the case was filed. Assignment gaps, missing endorsements, and 'who really owns this loan' problems are core New York foreclosure defenses.
The amount claimed. Inflated payoff figures, junk fees, force-placed insurance, and miscalculated arrears can all be challenged.
Statute of limitations. New York foreclosures must generally be brought within six years. The 2022 Foreclosure Abuse Prevention Act (FAPA) sharply limited lenders' ability to restart that clock — a time-barred foreclosure can be dismissed.

Your first-week checklist

Write down the exact date and method you were served, and calculate your 20- or 30-day deadline.
Read the complaint and the § 1303 notice in full; do not throw anything away — the envelopes matter too.
Gather your loan file: note, mortgage, the 90-day notice you did (or did not) receive, statements, and any modification paperwork.
Decide how you will respond — a formal Answer with affirmative defenses preserves your rights; a pro-se appearance is better than nothing, silence is worst.
Calendar the settlement conference and plan to appear.
Watch for foreclosure-rescue scams. Being served often triggers calls and mailers offering to 'stop your foreclosure' for an upfront fee — never pay one, and don't fall for forensic loan audit scams promising a report will make your case disappear.
If the math or the deadline is tight, get a licensed attorney's review — and know that bankruptcy's automatic stay (below) is a hard backstop if an auction is looming.

If an auction date is already set

If you have received an auction or sale notice, you are further along than the start of the case, and your options narrow but still exist — from moving to stay the sale to a Chapter 13 filing whose automatic stay instantly halts a scheduled auction. See our companion guide on stopping a New York foreclosure auction.

Frequently asked

Just got served foreclosure papers in New York — what do I do?: Act immediately on two fronts: (1) calculate your answer deadline — generally 20 days if personally served inside New York, or 30 days if served any other way — and start drafting your Answer with affirmative defenses; and (2) gather your loan file, find the 90-day RPAPL 1304 notice (or confirm you never received one), and calendar the mandatory settlement conference. Doing nothing is the most damaging choice — a default judgment means the lender can proceed without your defenses being heard.
How long do I have to respond to a foreclosure complaint in New York?: Generally 20 days if you were personally handed the papers within New York, or 30 days if served any other way (such as by mail or by leaving the papers with someone else). Missing the deadline can lead to a default judgment, so calculate it carefully and respond in time.
What happens if I ignore a foreclosure summons?: If you do not answer or appear, the lender can seek a default judgment and proceed toward a sale without your defenses being heard. A default can sometimes be vacated by an Order to Show Cause, but it is far better to respond before the deadline.
Does attending the settlement conference stop my deadline to answer?: Don't count on it. The mandatory CPLR 3408 settlement conference is a separate, important step, and it does not formally pause your time to file an Answer — so file on time. (If you reside at the property, appear at the conference, but missed the answer deadline, CPLR 3408(m) gives owner-occupied homeowners a presumed reasonable excuse and about 30 days to file a late answer — though it can still require a motion, so answering on time is far safer.) Do both.
What are the strongest foreclosure defenses in New York?: Common case-ending defenses include a defective or missing RPAPL 1304 90-day notice, failure to file proof under RPAPL 1306, lack of standing (the plaintiff did not own the note when it sued), an inflated amount claimed, and the statute of limitations as tightened by the 2022 FAPA.

72-Hour Foreclosure Response Plan — the 3 deadlines that decide your case

What's inside: your New York answer window, the RPAPL 1304 notice checklist, and the acceleration date that may time-bar the lawsuit. Self-help guide — not a law firm, no advance fee, no guaranteed outcome.

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This guide is self-help educational information, not legal advice, and Health Wealth Stealth is not a law firm. It does not create an attorney-client relationship. Laws and deadlines change and vary by case; consult a licensed attorney in your jurisdiction.