New York Foreclosure Rights and Process

If you’re several months past due on your mortgage and possibly facing the threat of foreclosure, many lenders will have you believe that you have absolutely no New York foreclosure rights or defenses, and that the New York foreclosure process will inevitably proceed against your property.

Many banks will say that by virtue of you defaulting on your mortgage loan, under New York housing foreclosure, you are certain to lose your home, unless you reinstate your loan. While homeowners do have the contractual obligation to remain current on their mortgage payments, there are certain due processes that you are entitled to when facing a New York housing foreclosure.

  • Foreclosure Notices – One of your several New York foreclosure rights is that your mortgage lender must give you a ninety day notice before initiating certain actions. Sections 1303 and 1304 of New York State Real Property Actions and Proceedings Law (RPAPL § 1303 and RPAPL § 1304)
  • Mandatory Foreclosure Settlement Conferences – New York is one of the few states in which under the New York foreclosure process, the homeowner is entitled to a settlement conference before a Judge, Special Referee or Judicial Hearing Officer, during which you will be able to negotiate directly with the mortgage lender in an attempt to reach an agreement and avoid foreclosure. Section 3408 (CPLR § 3408) of the New York State Practice Law and Rules.


  • Proof of Note Ownership – Upon judicial request, banks may be required to prove that they in fact own your mortgage note, before they can proceed with New York housing foreclosure. In a scenario where the loan has transferred from one servicer to another since the origination of the loan, lenders may also be required to prove proper assignments.

Even if foreclosure isn’t knocking on your door yet, it’s best to think about protecting your New York foreclosure rights and making sure that banks abide by the New York foreclosure process early on.

Know this, failure to Answer a certain legal document or assert a specific defense may result in you waiving one of your New York foreclosure rights.

At Petroff Law Firm, we help ensure that your New York foreclosure rights as a homeowner are protected and we will explore every possible defense and remedy available to protect your property against the New York foreclosure process.

We investigate your mortgage loan and foreclosure paperwork to ensure that your lender has provided you will all required notices, properly filed their documents, and actually has standing to sue in accordance with New York housing foreclosure laws. 

Attorneys from Petroff Law Firm appear regularly in CPLR § 3408 conferences and obtained hundreds of mortgage modifications for our clients.  Call Petroff Law Firm for your confidential consultation.

Dear Mr Petroff I staff,
Thank you so much for all You have done for us so far. May we have a successful conclusion to this case. Wishing you much success and happiness
Happy Purim!

Thank you for all your help we hope everything will work out well.
Thank you!

Dear Lori,
Thank you so much for all your help and the results of my modifications.
I will be sure to recommend your firm to friends and family as well as use your services whenever needed.Also after I have finished the trial period and both modifications are out of the trial period.
I will be sending Lori a gratuity for her time,patients,and service during this stressful procedure.

To Laurie & Serge
Thank you for all the good work, you all have done, Helping me to same my house.
Thank You

Dear Katie,
We would like to thank you for all your help in resolving our modification. You have been nothing but patient and know ledge be in all matters. Your follow-up and follow thru were second so none. We hope that you accept and enjoy this small token of our appreciation.

I wish you joy and I wish you laughter
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Ms. Lori Lewis
To you and all loves one at your home.

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Ms. Lori
I revieved any call from bank or collector, I gave your tele.nos I will see you the weekend

So Laurie & Serge,
Thank you for all the good work, you all have done, helping me to save my house.
Thank you

It’s nice to know that there are still people who take such pleasure in doing special things and making others feel good…
Thank You
You’re really someone Special.

Ms. Lori
Wish there were words to let you truly know how much your thoughtfulness is appreciated.
Thank you!

To Katie and the Petroff Staff

Dear Katie
Thanks for all your good work

Dear Kaddie and the Petroff Law office staff.
Thank you once again for being
So helpful and accommodating.
With appreciation

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Thank you so much for all your help.
I spoke to larry about making 2 payments, and she told me to send one now and one later. (after the holyday) Thank you.
Good Luck.

Thank You for the phone call. Enclosed please find the payment of. If you have any further questions please call Thank You

Dear Katie
We would like to thank you for all your help in resolving our modification. You have been nothing but patient and knowledge in all matters. Your follow-up and follow-thru were second to none.
We hope that you accept and enjoy this small token of our appreciation.

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