New York Courts Institute Foreclosure Process Filing Requirements
Apr 04

For Summons and Complaint, the cost of purchasing index # needed to initiate case is $400.

For Notice of Pendency (lis pendens), a document that is filed where real property is involved, amount will vary depending on county.

Residential Foreclosure

Along with the Summons and Complaint, a notice for mortgagors called Help for Homeowners in Foreclosure, pursuant to RPAPL 1303 must be served at properties of one- to four-family dwelling on paper whose color is different than the color of Summons and Complaint. After Summons and Complaint is served upon the mortgagor, a copy of Summons must be mailed to mortgagor at least 20 days before entry of judgment pursuant to CPLR 3215. The affidavit of mailing shall be filed with the judgment. Within ten days of serving the Summons and Complaint upon any tenant, a copy of Notice to Tenants of Buildings in Foreclosure shall be delivered.

Commerical Foreclosure

The residential requirements listed above do not apply.

General Foreclosure Info

The New York State court system has instituted a new filing requirement in foreclosure cases to protect the integrity of the foreclosure process and prevent wrongful foreclosures.

Under the new requirement, plaintiff’s counsel in foreclosure matters must submit an affirmation at one of several stages. To learn more:

Download the Foreclosure Affirmation Form (pdf)
View the New York Unified Court System Press Release (pdf)