Getting a foreclosure summons and complaint is frightening, but it is not the end of the road. In New York, foreclosure is a lawsuit — and a lawsuit can be contested. Many homeowners simply give up because they assume the bank holds all the cards. It does not. Lenders routinely make procedural errors, miss strict notice requirements, and cannot always prove they have the legal right to foreclose. The earlier you speak with a lawyer, the more options you have to save your home or exit on your own terms.

Why New York Foreclosures Move Slowly — and Why That Helps You

New York requires judicial foreclosure. Unlike states where a lender can sell a home through a simple non-judicial process, a New York lender must file a lawsuit in State Supreme Court, serve you, and obtain a judgment of foreclosure and sale before your home can be auctioned. Each step takes time and must be done correctly. A contested New York foreclosure often takes two to three years or longer — time you can use to fight the case, negotiate a loan modification, or arrange another solution. Every requirement the lender must satisfy is also a potential defense if the lender gets it wrong.

How We Stop or Defend a Foreclosure

Challenging the lender’s standing. To foreclose, the plaintiff must actually own or hold your note — with the right to enforce it — at the time the lawsuit is filed. Mortgages are bought, sold, and bundled so many times that lenders frequently cannot prove an unbroken chain of ownership. A successful standing challenge can result in dismissal of the case.

Attacking defective notices. New York imposes strict pre-foreclosure notice requirements. Under RPAPL § 1304, the lender must send a specific 90-day pre-foreclosure notice in exact statutory form before suing. Under RPAPL § 1303, separate notices must be delivered to the homeowner. Courts hold lenders to the letter of these rules — a defective or improperly mailed § 1304 notice is one of the most common grounds for dismissing a foreclosure.

The statute of limitations and the Foreclosure Abuse Prevention Act. A foreclosure in New York generally must be brought within six years. In 2022, New York enacted the Foreclosure Abuse Prevention Act (FAPA), which sharply limited the tactics lenders had used to restart or reset that six-year clock. For homeowners whose loans were accelerated years ago, FAPA can be a powerful tool — in some cases barring the foreclosure entirely. This is a complex, fast-developing area, and it is exactly the kind of defense that requires a lawyer.

Improper service and procedural defects. If you were never properly served, or the lender skipped required steps, the case can be challenged or dismissed.

What We Review in a Foreclosure Case

When we evaluate a foreclosure matter, we look at the whole picture before advising you on strategy:

The mortgage and note documents, the summons and complaint, your payment history, the default and acceleration notices, any loan modification history, prior bankruptcy filings, standing and assignment issues, the settlement conference history, and any errors by the lender or loan servicer. From there we determine whether a timely answer or motion is needed and what defenses and options realistically apply to your situation.

When you call, it helps to have these ready if you can: the foreclosure summons and complaint, your most recent mortgage statement, the default notice, any loan modification letters, recent proof of income, and any auction notice if a sale has been scheduled. If you do not have everything, call anyway — we can still talk through where you stand.

New York Foreclosure Settlement Conferences

Under CPLR § 3408, most residential foreclosure cases in New York involve a mandatory settlement conference, where the homeowner and lender are required to negotiate in good faith toward a possible resolution — a loan modification, repayment plan, short sale, or other workout. You should not attend one unprepared. The lender will typically request financial documents: tax returns, pay stubs, bank statements, and proof of income and expenses. We help organize that submission, identify weaknesses in the lender’s position, and protect your rights during the process. If the lender fails to negotiate in good faith, that can carry consequences for the lender.

Your Options to Stop Foreclosure

Loan modification. Negotiating new loan terms — a lower interest rate, extended term, capitalized arrears, or a more manageable payment — to bring the loan current and keep the home. Important: applying for a modification does not make the lawsuit disappear; you still must protect your rights in court. See our loan modification page.

Bankruptcy to stop a sale. Filing bankruptcy triggers an automatic stay that immediately halts a foreclosure sale. Chapter 13 can let you cure mortgage arrears over time through a court-approved plan — useful when you have enough income for the ongoing payment plus a plan payment toward the arrears. Chapter 7 may temporarily stop a sale through the automatic stay but usually does not, by itself, provide a long-term way to catch up on arrears. Bankruptcy has serious consequences and should be reviewed carefully — and Attorney Cook’s LL.M. in Bankruptcy is directly relevant.

Short sale, deed in lieu, or sale before auction. If keeping the home is not realistic, a short sale (selling for less than the balance with lender approval), a deed in lieu, or selling the property before the auction can let you exit without a foreclosure judgment on your record.

Surplus money. If a foreclosed home sells at auction for more than what was owed, that surplus belongs to the homeowner — not the bank. Many homeowners never claim it. We help recover surplus funds you are entitled to.

The right strategy depends on the amount owed, the property value, your income, the arrears, and your long-term goals. That is why the first step is a conversation, not a form.

Common Foreclosure Myths

Myth: If I apply for a loan modification, I don’t need to answer the complaint. Reality: a modification application does not replace the need to respond to the lawsuit. Court deadlines still apply.

Myth: The bank can’t foreclose if it made paperwork mistakes. Reality: some mistakes create real defenses, but not every error defeats a foreclosure. It takes a lawyer to tell the difference.

Myth: I should wait until the auction date to call a lawyer. Reality: waiting narrows your options. The earlier you act, the more strategies remain available.

Myth: Bankruptcy always saves the house. Reality: bankruptcy can stop a sale, and Chapter 13 may help cure arrears, but you generally need enough income to afford the ongoing mortgage plus the plan payment.

Avoid Foreclosure Rescue Scams

Homeowners facing foreclosure are prime targets for scammers. Be very cautious of anyone who promises a guaranteed loan modification, demands large upfront fees, tells you to stop talking to your lender, asks you to sign over your deed, offers to buy your home and rent it back to you, or pressures you to sign documents immediately. Before signing anything involving your home, speak with a qualified attorney. For related warnings, see our pages on fake official notices and online fraud.

When Should You Call a Foreclosure Lawyer?

Reach out if you received a foreclosure summons and complaint, received a notice of default, are behind on mortgage payments, have an auction scheduled, were denied a loan modification, are heading into settlement conferences, are considering Chapter 13 bankruptcy, believe the lender or servicer made mistakes, or simply want to know whether keeping the home is financially realistic. The sooner you call, the more we can do.

Foreclosure Defense Across Long Island and New York

We represent homeowners in foreclosure throughout Suffolk County and Nassau County — including Smithtown, Kings Park, Nesconset, Hauppauge, Lake Ronkonkoma, Coram, Garden City, and the surrounding communities — as well as in New York City, the Hudson Valley, and across all 62 New York counties. Foreclosure cases are filed in the State Supreme Court of the county where the property sits, and we appear in those courts. With offices in Smithtown and Garden City, we are local to the Long Island courts where many of these cases are heard.

Why Choose Ronald S. Cook, P.C.

We evaluate the foreclosure lawsuit, identify possible defenses, explain your options, and help you make a practical decision based on the numbers — not false promises. Attorney Ronald S. Cook holds a J.D., dual LL.M. degrees including one in Bankruptcy, and an MBA, so foreclosure, bankruptcy strategy, and the underlying financial math are all evaluated together. Attorney Cook is also the author of Foreclosure Defense Lawyer, available on Amazon. We are honest about which cases we can help with and how — the first step is a conversation.

Take Action Before Your Options Narrow

Foreclosure cases move through the court system, and delay makes the situation harder to fix. Whether your goal is to keep the home, negotiate a resolution, sell the property, or evaluate bankruptcy, the first step is understanding your legal and financial options.

Call to discuss your situation: (888) 275-2620. Available 24/7. Or text (631) 678-8993.

Suffolk County Office: 12 Bank Avenue, Smithtown, NY 11787

Nassau County Office: 1225 Franklin Avenue, Suite 325, Garden City, NY 11530

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Last reviewed by Attorney Ronald S. Cook — May 2026

This page is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome.