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    Overview

    Foreclosure proceedings have a significant impact on homeowners, lending institutions, the courts, and the economic health of our communities. The Problem Solving Justice Division manages the foreclosure inventory with the goal of increasing access to justice, improving case processing, and establishing best practice standards.

    To accomplish this goal, the Problem Solving Justice Division develops foreclosure pilot projects and shares case management strategies through a Statewide Foreclosure Working Group. Comprised of judges, court attorneys, and court personnel statewide, this working group meets regularly to review the Unified Court System’s foreclosure inventory, address issues, and assess emerging trends.

    Updates

    Administrative Order 54/24 Remote Bidding Pilot Expansion
    January 11, 2024
    Administrative Order 90/23 Remote Bidding Pilot
    February 27, 2023
    Administrative Order 35/22 and Explanatory Memorandum
    January 18, 2022

    Video

    For details about the foreclosure process, please review the following video:

    A Foreclosure Public Service Announcement* (Runtime 16m 40s)

    * Video includes closed captioning (cc) for the hearing impaired.

    Answering a Foreclosure Complaint

    Answering a Foreclosure Complaint (PDF)

    Important! If you don’t file an Answer, the plaintiff could get a default judgment against you and you could lose your home.

    • 1. What is an Answer?

      Your Answer explains in writing your side of the story. Your Answer tells the court your defenses or reasons the plaintiff should not win the case. If you are not sure that everything said in the Complaint is true, your Answer should have a "general denial" at the beginning. After the general denial, your Answer should list or check any defense or explanation that you might have.

      Note: If you don't put a defense in your Answer you might not be able to bring it up later in the case.

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    • 2. Can I make a claim against the plaintiff or another defendant?

      Yes, you may add "counterclaims" and "cross-claims" to your Answer. A counterclaim is a claim against the plaintiff. A cross-claim is a claim against another defendant.

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    • 3. What do I do with my completed Answer form?

      You must:

      • Sign the Answer. If the Complaint has a Verification at the end of it, this means that the plaintiff swore that the Complaint is true. You should "verify" your Answer by signing it in front of a Notary Public.
      • Make copies of the Answer for the Plaintiff, yourself and any other parties.
      • Deliver or "serve" a copy of the Answer by having someone, not you, mail it to the Plaintiff's attorney and fill out an Affidavit of Service (sample attached), and
      • File the Answer and Affidavit of Service (or ask someone to file them for you) at the Clerk’s office at the Courthouse.
        Important! Your Answer and Affidavit of Service must be filed at the Courthouse within 30 days of the date of your first foreclosure settlement conference.
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    • 4. Does it cost money to file the Answer?

      No, filing the Answer is free. But if you file a Motion with the court there may be a fee. Ask if the Judge waived your motion fees in this case.

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    • 5. Where can I get more information about foreclosures?

      You can find more information at CourtHelp and LawHelpNY. You can also find information about the New York State Attorney General's Homeowner Protection Program at www.aghomehelp.com or by calling 1-855-HOME-456. If you live in New York City, you can call the 311 Hotline which will direct you to free housing counseling and legal services.

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