Before and at the start of the case
For many home loans, New York requires the lender to send a pre-foreclosure notice, which typically lists housing counseling agencies, before it can file. Whether that notice was sent properly, and to the right address, is often examined closely later. The case itself starts with a summons and complaint, which in many home cases must be accompanied by a separate notice explaining the homeowner's options. A notice of pendency is filed with the county clerk at about the same time, so anyone checking title can see that the property is the subject of a lawsuit.
Papers that show the lender's right to sue
The note is the borrower's promise to repay, and the mortgage is the document that makes the property security for it. Lenders who did not make the original loan rely on endorsements on the note, sometimes on a separate attached page, and on recorded assignments of the mortgage. Whether the party bringing the case held the note when it filed is a frequent point of contention. Later in the case, look for a motion for judgment, a referee's report computing the amount said to be owed, a judgment of foreclosure and sale, and finally a notice of sale with the auction date.
Keeping your own file
Put every document in date order and keep the envelopes when the mailing date might matter. Add your payment history, loan modification applications with proof of what you sent, and any letters from the servicer. Your county clerk's records and the court's online system may show filings you never received. Sitting down together, we read through the file, identify the current stage and the next deadline, and point out which documents are worth a closer look.
