What is the foreclosure timeline for my state?

The foreclosure timeline for New York is designed to give homeowners adequate time to respond, protect their rights, and possibly save their home. In New York, the entire foreclosure process can take as little as 8 months and as long as 2 years. The process begins when the lender files a “Complaint of Foreclosure” in the county court. The complainant is the lender and the homeowner is the defendant. The defendant then has 20 days to file a response to the complaint. Once the response is filed, the complaint can take between one and six months to get to “foreclosure sale” stage. At the foreclosure sale, the property can be sold in public auction. The homeowner may still be able to stop the foreclosure by paying the mortgage up to that point. If the mortgage cannot be paid off, the property may be sold to someone else and the original owner loses their rights to the property. If the homeowner can no longer pay the mortgage after the foreclosure sale, the lender may request that the court issue a “Judgment of Foreclosure”. This order grants the lender the right to take possession of the home. The homeowner has 30 days from the time of the judgment to file an appeal and seek more time to find a solution. If the appeal is denied, the lender then has 4 months to seek an “Order of Possession”. Once this document is issued, the sheriff of the county will physically evict the homeowner and the foreclosure process is complete.

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