What to expect at Bronx County Supreme Court in a foreclosure case

This page explains New York law and the published procedures of the Supreme Court, Bronx County, for a foreclosure of a home or a commercial property, as published on the date above. It is arranged by room and by stage, from the first filing fee to the filings that follow the auction. Judgments, land records and business cases in the borough are covered in foreclosure and judgment defense for Bronx County cases. KOR Law LLP's foreclosure defense practice represents borrowers, guarantors and property owners from the first notice through the sale.

The statewide framework is the same in every county. What the Bronx adds is its own building, offices and auction plan, and the court states that the plan's rules are deemed part of every Bronx judgment of foreclosure and sale. Other boroughs differ. Brooklyn's rules are described in what to expect at Kings County Supreme Court in a foreclosure case. Manhattan's are in what to expect at New York County Supreme Court in a foreclosure case. Queens is covered in what to expect at Queens County Supreme Court in a foreclosure case.

How does a foreclosure move through 851 Grand Concourse?

1. Room 118, the County Clerk. The court says papers are first filed with the Bronx County Clerk in Room 118 to pay any fee. That is where the lender pays for the index number that opens the case.
2. The owner's answer. The time to appear is 20 or 30 days, depending on how the summons was served (CPLR 320(a)); the details are in how long you have to answer a foreclosure complaint.
3. The settlement conference. For a home loan where the owner lives in the property, the plaintiff files proof of service within 20 days, and the court holds a conference within 60 days after that filing (CPLR 3408(a)).
4. Room 217, motions. The Motion/Trial Support Office reviews papers for compliance with the CPLR, and motions are returnable in Room 217.
5. Judgment of foreclosure and sale. The proposed judgment must name the servicer and give its telephone number (RPAPL 1351(1)), and the plaintiff serves the signed judgment with notice of entry on all parties and the referee.
6. Notice of sale. The notice is served on all defendants and e-filed at least ten days before the sale, and it is also published in a newspaper published in Bronx County (RPAPL 231(2)(a)).
7. Courtroom 607. The referee runs the auction, and the winning bidder pays a deposit of at least 10%.
8. The 30-day filings. The surplus monies form and the referee's report of sale, with vouchers, are filed within 30 days of the sale.

What does it cost to file papers in the Bronx?

The fees are paid at the County Clerk before papers go to Room 217, and the court says paper motions should be mailed to the County Clerk in Room 118. The conference statute softens this for owners who come alone: a defendant who appears without a lawyer at the first conference is deemed to have moved for poor person status, which the court then grants or denies under the usual standards (CPLR 3408(b)).

What happens at a Bronx settlement conference?

The court sends a notice giving the time and place of the conference and listing the papers each side must bring (CPLR 3408(e)). The plaintiff brings the payment history, the payoff and cure figures, the mortgage and note, and standard application forms with a description of any loss mitigation options; the homeowner brings tax returns, expenses, property taxes, benefits, rental income records and any earlier modification applications. Both sides must appear in person or by a lawyer with full authority to settle, and both must negotiate in good faith toward a modification, short sale, deed in lieu or other resolution (CPLR 3408(c), (f)). The Bronx court posts its Residential Foreclosure Part Rules and the statewide Administrative Order 151/22 on its foreclosure page, so read both before the first date. The statewide duties are explained in what happens at a New York foreclosure settlement conference. Owners already talking to the servicer about new terms should read whether you can still get a loan modification after the case starts.

How are motions handled in Room 217?

Room 217 is the central clerk's office of the Bronx Supreme Court, Civil Term. The court explains that the first return date of a motion is for submission of papers only, so no one has to appear that day, and that motions show as fully submitted by default so the Law Journal can publish them on time. Later dates appear in the Law Journal and on the court system's website. On provisional remedies, the court's page says a judge has up to 20 days to decide, and 60 days for other motions. During business hours the Motion Support Office lists its number as 718-618-1310; after 5 p.m., attorneys with an emergency are directed to a central office at 800-430-8457. For owners, one motion deserves close reading: the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale, discussed in how to challenge a referee's report on the amount owed.

What happens on auction day in Courtroom 607?

The Bronx Administrative Order on foreclosure sales rescinded an order dated January 19, 2024 and directed that, effective June 17, 2024, all foreclosure auctions follow the Bronx County Auction Plan. The plan's main rules:

The plan does not name a weekday. The date comes from the notice of sale, and the court also posts a Pending Foreclosure Auctions list. State law also requires published notice in a newspaper in the county, either once a week for four successive weeks or at least twice a week for three successive weeks before the sale (RPAPL 231(2)(a)). How the four city counties compare is in where and when foreclosure auctions are held in New York City.

What happens after the sale?

In the Bronx, the surplus monies form is not limited to sales that produce extra money. The referee, the plaintiff's representative and the buyer must file it for every auction within 30 days, whatever the surplus status. The plan also has the referee file a report of sale with vouchers within 30 days of the sale; the statute calls for a sworn report within 30 days after the sale is completed and the deed delivered (RPAPL 1355(1)). A motion to confirm that report cannot be made within three months after it is filed and must be made within four months, unless there is no surplus, in which case it can be made after eight days (RPAPL 1355(2)). Anyone claiming surplus money files a written notice of claim with the clerk before confirmation (RPAPL 1361(1)); who ranks first is explained in who gets the surplus money after a New York foreclosure sale. If the sale brings less than the debt, the lender has 90 days after the deed is delivered to move for a deficiency judgment (RPAPL 1371(2)), covered in whether a lender can get a deficiency judgment after a foreclosure sale.

What changes the answer in a Bronx County foreclosure?

• Whether you live in the home. The mandatory conference applies to home loans where the defendant resides in the property (CPLR 3408(a)).
• One to four units. For a one- to four-family home, the judgment must include the servicer's name and telephone number (RPAPL 1351(1)), a requirement the Bronx plan repeats.
• Remote bidding. A remote-bidding auction can go forward only if the judgment of foreclosure and sale authorizes it (Bronx County Auction Plan; Administrative Order 54/24).
• Defects in the sale notice. Within one year after a sale, the court may set it aside for failure to follow the notice, time or manner rules if a substantial right was prejudiced (RPAPL 231(6)).
• A default. An owner who never answered may move to vacate for excusable default within one year after service of the judgment with notice of entry (CPLR 5015(a)(1)); see whether you can undo a default judgment.
• An appeal. Because the Bronx plan has the plaintiff serve the judgment with notice of entry on all parties, that service starts the 30-day time to appeal for a party who receives it (CPLR 5513(a)). The steps are in whether you can appeal or reargue a foreclosure judgment.

For example: one Bronx sale, start to finish

Common mistakes at Bronx County Supreme Court

• Going to Room 217 with unpaid papers. Fees are paid at the County Clerk in Room 118 first.
• Waiting in court on a motion's first return date. That date is for submission only; the next step is set by the court and published.
• Assuming a fixed auction weekday. The Bronx plan does not set one. Read the notice of sale and the pending auctions list.
• Calling the Foreclosure Department to stop a sale. That department schedules auctions; it does not decide whether a sale should go forward. Only the judge can halt a scheduled sale, and that takes a motion or an order to show cause.
• Missing the 30-day filings. The surplus monies form and the report of sale tell you what happened to the money; check for both.

What to do this week

1. Copy the index number from your papers and pull up the case on the court system's online case search or e-filing docket.
2. Work out the last day to answer from how and when the summons reached you.
3. If a conference notice arrived, put the date in your calendar and gather the papers it lists.
4. If a judgment was served on you, note the date of service with notice of entry; the appeal clock may be running.
5. Use our foreclosure defense consultation checklist to organize the rest.
6. Speak with a lawyer before the next court date.

Frequently asked questions

How do I get to 851 Grand Concourse?

The County Clerk's page lists the 4, B and D trains to 161 St.-Yankee Stadium, the Bx1 and Bx2 buses to East 161st Street and Grand Concourse, and the Bx6 to River Avenue and 161st Street. It also notes that nearby parking is limited.

What are the County Clerk's hours?

The Clerk's page lists Room 118 as open Monday to Friday, 9:00 a.m. to 4:45 p.m., closed for lunch from 1:00 to 2:00 p.m., with the telephone number (718) 618-3300. Check the page or call before you go, since hours can change.

Is a Bronx foreclosure auction open to the public?

Yes. A sale under a judgment affecting real property is a public auction to the highest bidder (RPAPL 231(1)). The terms of sale are posted outside Courtroom 607 beforehand, and a winning bidder in the room pays the deposit in certified funds payable to the referee.

Where can I get help if I have no lawyer?

The court refers self-represented litigants to its Help Center in Room 121 of the same building.

Where does an appeal from a Bronx foreclosure go?

To the Appellate Division, First Department, which the court system's map shows covering Bronx County. The notice of appeal fee listed by the Bronx court is $65.

When is the sale confirmed?

Not earlier than three months and not later than four months after the report of sale is filed, unless there is no surplus, when confirmation may be sought after eight days (RPAPL 1355(2)). Surplus claims must be filed before confirmation.

Does the Bronx have separate rules for the residential foreclosure part?

Yes. The court's foreclosure page posts the Bronx Residential Foreclosure Part Rules. Read the current version on that page before your first court date.