New York has one of the longest foreclosure timelines in the country — which is good news if you’re early in the process. The bad news is that most homeowners wait too long, losing options and equity at every stage.
Stage 1 — Missed Payments (Month 1–3): Your lender is required by RPAPL §1304 to send a 90-day pre-foreclosure notice before filing a foreclosure action. During this window you have the most options: loan modification, forbearance, repayment plan, or a cash sale at full market conditions. This is the window where NCB can move fastest and you retain the most equity.
Stage 2 — Pre-Foreclosure Filing (Month 3–6): Once the 90-day notice has expired, the lender can file a summons and complaint in Erie County Supreme Court. You have 20–30 days to answer the complaint. If you don’t respond, the lender can seek a default judgment. At this stage a cash sale is still possible but needs to move quickly. NCB can close in 7 days.
Stage 3 — Active Foreclosure (Month 6–24+): New York’s judicial foreclosure process is slow — the average timeline from filing to Erie County Sheriff’s Sale at 92 Franklin Street is 18–36 months. A sale before the Sheriff’s auction still protects your equity. After the auction, any surplus goes to the homeowner but the process is complex and uncertain. Act before the sale date.
Whatever stage you’re in — call (716) 557-7005 now. The earlier you call, the more options NCB can work with. We’ve closed on pre-foreclosure properties at every stage of this timeline. Free legal help: Neighborhood Legal Services (716) 847-0650.
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