New York consistently ranks as one of the slowest states in the country for foreclosure proceedings. For homeowners in Queens facing default, this timeline is critical information — because it means you have far more time than you may realize to explore your options and act strategically.
From the first missed mortgage payment to a completed foreclosure auction in Queens, the process typically takes 18 to 36 months. In some cases, particularly when homeowners actively participate in the legal process, it can take longer. This is significantly longer than states like Texas (as fast as 60 days) or California (typically 4 to 6 months).
Months 1–3: Pre-foreclosure. After your first missed payment, your servicer begins collection calls and letters. After 90 to 120 days of missed payments, the loan is in default. Before filing a foreclosure lawsuit, New York law requires the lender to send you a 90-day pre-foreclosure notice. This notice informs you of your default, the amount needed to cure it, and resources for housing counseling.
Month 4–6: Lis pendens filed. After the 90-day notice period, the lender files a summons, complaint, and lis pendens with Queens County Supreme Court. You are served with the lawsuit. You have 20 to 30 days to file an answer. Failing to respond does not make the foreclosure happen faster — New York courts require multiple steps regardless.
Months 6–18: Court settlement conferences. New York requires mandatory settlement conferences in residential foreclosure cases. These are court appearances where the lender and borrower meet under court supervision to explore resolution options — loan modification, repayment plans, or a consensual sale. These conferences can go on for months and significantly slow the process.
Months 12–24: Judgment of foreclosure and sale. If the case is not resolved, the lender applies for a judgment of foreclosure and sale. This judgment must be granted by a judge. After judgment is entered, the lender can apply for an auction date.
Months 18–36+: Auction scheduled and conducted. A referee is appointed to conduct the auction. The auction is publicly advertised. If a third party bids more than the lender's opening bid, the property is sold to them. If no one bids, the lender takes title through a process called REO (real estate owned).
You have time. From the moment you miss a payment to the moment a gavel falls at auction, you typically have at least 18 months in Queens — often longer. During every single one of those months, you still own your home and can sell it. Many Queens homeowners who sell their properties to cash investors do so 12 to 18 months into the foreclosure process, resolving the lawsuit, clearing the lis pendens, and walking away with equity they would have lost entirely at auction.
Do not wait for the auction date to act. The earlier you engage with your options — modification, sale, refinance — the more money you typically preserve. If you are in foreclosure in Queens and considering a sale, call Rick at RosenJacob RS: (212) 602-1515.