1. Identify the Stage Shown by Your Foreclosure Papers
Start with the latest court filing. A missed payment, an entered judgment, and a scheduled auction require different responses. Checking the foreclosure auction process means identifying what the court has authorized and which deadlines remain open.
Distinguish Default Notices from Court Papers
A contractual default notice may describe the breach and an opportunity to cure. For qualifying home loans, RPAPL §1304 generally requires a separate notice at least 90 days before foreclosure proceedings begin, subject to statutory exceptions. Coverage depends on the borrower, loan purpose, property, and occupancy.
A summons and complaint require a response. The ordinary answer period is 20 or 30 days, depending on service. Qualifying defendants who attend their first settlement conference without having answered receive an additional 30-day opportunity. Negotiations do not replace an answer.
Check the Judgment and Notice of Sale
Locate the judgment of foreclosure and sale, appointed referee, and Notice of Sale. Compare the property description, index number, sale date, and later orders for adjournments, cancellations, or stays. After judgment, an objection may require relief from an existing order or default rather than a dispute letter to the lender.
2. Compare the Claim with the Loan and Payment Records
Authority to foreclose, the amount due, and procedural compliance present separate questions. Organize records by issue and date. A foreclosure defense review should connect each objection to supporting evidence and an available procedure for presenting it.
Review the Note and Transfers
Examine the promissory note, endorsements, any allonge containing endorsements, assignments, and evidence of note delivery or possession. Standing generally turns on the plaintiff’s authority when the action began. A recorded mortgage assignment alone may not resolve that question, but different names on the mortgage record and complaint do not automatically defeat foreclosure.
Reconcile the Amount Claimed
Compare the lender’s accounting and referee’s computation with your records.
| Record | Question to Resolve |
|---|---|
| Payment history and bank statements | Were payments credited correctly? |
| Modification or repayment agreement | Did the calculation use the agreed terms? |
| Escrow statements and tax receipts | Were advances necessary and accurately charged? |
| Interest and fee calculations | Do rates, dates, and charges match the documents? |
Payment history and bank statements
- Question to ResolveWere payments credited correctly?
Modification or repayment agreement
- Question to ResolveDid the calculation use the agreed terms?
Escrow statements and tax receipts
- Question to ResolveWere advances necessary and accurately charged?
Interest and fee calculations
- Question to ResolveDo rates, dates, and charges match the documents?
Separate arrears from the full payoff. Paying missed installments may not satisfy an accelerated debt without an applicable reinstatement right or agreement.
Examine Service and Notice Evidence
Compare the affidavit of service with the address, delivery method, dates, and people identified. Preserve envelopes, mailing records, and evidence of residence. These may support service or notice objections, but a procedural defect does not automatically cancel the loan. Whether an objection remains available also depends on the defense and procedural history.
3. Separate Negotiation, Loan Modification, and a Pre-Auction Sale
Discussions, a completed modification, and a private sale have different legal effects. A modification changes repayment obligations under agreed terms. A real estate transaction requires time and a workable plan to address the mortgage and other title obligations at closing.
Distinguish Court Conferences from Servicer Review
CPLR §3408 provides settlement conferences for qualifying residential cases. Federal Regulation X separately governs certain servicing and loss-mitigation procedures. Commercial and investment loans do not automatically receive the protections available to covered principal-residence loans.
For covered loans and servicers, a complete loss-mitigation application received more than 37 days before sale can restrict foreclosure judgment and sale, subject to specified conditions. Preserve receipt confirmations, missing-document requests, completion notices, and decisions. Applying does not guarantee approval or automatically establish a stay.
Compare a Voluntary Sale with a Short Sale
An ordinary sale may resolve the mortgage if proceeds cover the payoff and closing obligations. Obtain a current payoff statement. A short sale requires approval to accept less than the debt owed. Check whether written approval releases the lien, addresses remaining personal liability, and sets a closing deadline. A purchase contract alone does not postpone the auction.
4. Verify the County File and Local Auction Requirements
Mortgage foreclosure actions generally proceed in the Supreme Court where the property lies: New York, Kings, Queens, Bronx, or Richmond County. State law supplies the common framework; county rules govern scheduling, submissions, and participation arrangements.
Use the Correct Record and Filing Systems
Search available NYSCEF filings by index number and check court appearances separately. Confirm electronic-filing participation and service requirements before submitting an answer or motion. Paper filings go through the court handling the action. ACRIS provides recorded property documents for Manhattan, Brooklyn, Queens, and the Bronx; Staten Island uses the Richmond County Clerk’s system.
Check Publication and County Rules
RPAPL §231 permits specified publication schedules: once weekly for four successive weeks or at least twice weekly for three successive weeks, with corresponding sale-date windows. A universal 14-day notice rule does not apply.
Queens requires posting the Terms of Sale 45 minutes before auction. Remote bidding depends on local authorization, including current arrangements in Bronx and Queens. Confirm the applicable county rules, sale documents, and any postponement with the referee.
27 Oct, 2026
