1. What Defenses Can Homeowners Raise in Foreclosure?
A missed payment does not resolve a foreclosure case. The lender must meet notice and proof requirements; limitations may also matter. Compare the complaint with loan records before deciding what to dispute.
Examine Notice Requirements and Lender Standing
RPAPL § 1304 generally requires a 90-day pre-foreclosure notice for covered home loans, with specified mailing requirements. Bankruptcy or a change in principal occupancy can end the 90-day waiting period, but not the notice duty. RPAPL § 1303 separately governs notices served with court papers.
| Possible Defense | Records to Compare |
|---|---|
| Defective prior notice | Notice text, mailing proof, address history |
| Disputed standing | Note, endorsements, possession evidence |
| Payment disagreement | Servicing ledger, receipts, escrow charges |
Defective prior notice
- Records to CompareNotice text, mailing proof, address history
Disputed standing
- Records to CompareNote, endorsements, possession evidence
Payment disagreement
- Records to CompareServicing ledger, receipts, escrow charges
Under RPAPL § 1302-a, standing objections in covered cases survive omission from an initial answer, but a foreclosure judgment and sale impose limits. Review the documents underlying any foreclosure defense rather than assuming an assignment defect defeats the claim.
Review the Loan History and Limitations Period
CPLR § 213(4) generally sets a six-year foreclosure period. Acceleration, installments, earlier suits, and the Foreclosure Abuse Prevention Act (FAPA) affect its calculation. A first missed payment does not necessarily start a single clock for the entire debt.
- Collect the note, mortgage, and acceleration correspondence.
- Identify earlier complaints, dismissals, and court orders.
- Compare each claimed payment with bank and servicing records.
FAPA limits unilateral resets of that period. The Court of Appeals addressed FAPA’s retroactive application in Article 13 LLC and Van Dyke (2025); case history still matters.
2. What Should Homeowners Do after Receiving a Summons?
A summons calls for a court response, not simply a call to the mortgage servicer. The service method affects the initial deadline, while the answer identifies disputed allegations and defenses. Keep copies of court papers and proof showing when and how they arrived.
Calculate the Deadline and Prepare an Answer
Under CPLR § 320, the usual appearance period is 20 days after personal delivery or 30 days after completion of certain other service methods. Under CPLR § 3408(m), an eligible defendant who attends the first settlement conference after missing the answer deadline may answer within 30 days of that appearance.
- Record the delivery date, method, and case index number.
- Review allegations, defenses, and any counterclaims.
- Serve and file the response with proof of service.
Do not assume an upcoming conference suspends the answer deadline. A timely response may preserve defenses while foreclosure litigation and settlement discussions continue.
Organize the Loan and Court File
The summons, mortgage, and payment ledger may reveal different figures or dates. Resolve discrepancies without assuming an error defeats the lawsuit. Preserve letters and electronic records before discussing the balance or potential settlement.
| Document | What It Helps Verify |
|---|---|
| Summons and complaint | Claims, parties, service, and requested relief |
| Note and mortgage | Debt terms and property security |
| Servicing statements | Payments, fees, escrow, and arrears |
Summons and complaint
- What It Helps VerifyClaims, parties, service, and requested relief
Note and mortgage
- What It Helps VerifyDebt terms and property security
Servicing statements
- What It Helps VerifyPayments, fees, escrow, and arrears
Check Richmond County Supreme Court's case notices and applicable NYSCEF filing requirements. A court filing and delivery to the opposing party are separate steps.
3. How Can a Settlement Conference Affect Foreclosure?
Eligible owner-occupied home-loan foreclosures generally receive court-supervised settlement conferences under CPLR § 3408. The purpose is to examine possible resolutions while the lawsuit remains pending. A conference is neither automatic loan approval nor a substitute for raising defenses.
Prepare Financial Records and Loss-Mitigation Options
CPLR § 3408 requires covered parties to negotiate in good faith. Parties may discuss modification, repayment, short sale, or deed in lieu, depending on eligibility. A homeowner should bring current financial information and previous application records.
- Gather income, expenses, tax returns, and rental receipts.
- Bring modification submissions, denials, and servicer letters.
- Compare proposed terms with the mortgage balance and budget.
Negotiation does not erase a pending claim or promise a modification. If selling is considered, review mortgage short sale terms, including any remaining debt exposure.
Follow Richmond County Conference Procedures
Richmond County Supreme Court's Foreclosure Conference Part handles CPLR § 3408 conferences. Part rules schedule initial conferences on the first Tuesday monthly, generally by video. The individual court notice controls.
- Confirm the assigned conference date and attendance method.
- Bring requested financial records and the current loan status.
- Record agreements, follow-up deadlines, and court directions.
A party may request court review of alleged bad-faith negotiation, but relief depends on the facts. State foreclosure litigation differs from a federal bankruptcy case, which follows separate rules.
4. Frequently Asked Questions
Can a homeowner remain in the property after receiving a 90-day notice?
Generally, yes. The notice is not an eviction order; possession rights and any later removal depend on court proceedings and applicable law.
Does filing for bankruptcy immediately cancel foreclosure debt?
No. A bankruptcy petition may trigger an automatic stay, subject to exceptions and possible relief from stay, but it does not itself erase the mortgage debt.
What happens to tenants when a rental home is foreclosed?
RPAPL § 1305 and federal tenant protections may preserve occupancy after a sale, often subject to notice and lease terms. The purchaser’s intended use may matter.
Can a homeowner recover money if the foreclosure sale brings more than the debt?
Potentially. Courts may distribute sale surpluses after valid claims and costs.
5. Review Foreclosure Court Papers with SJKP Attorneys
A notice, service date, or prior lawsuit can change the issues that a homeowner needs to address. Review the complaint and mortgage history before filing a response or evaluating settlement terms.
SJKP's attorneys can examine notices, standing evidence, payment records, and conference obligations. Contact SJKP to discuss the documents and deadlines involved in a foreclosure case.
20 Oct, 2026
