This page covers Brooklyn foreclosures under New York law and the Kings County Supreme Court's published rules, read on the date shown. It follows a case through the courthouse in order, from the first conference notice to the auction room and the surplus money that may follow. For the offices, the County Clerk and the Commercial Division, see foreclosure and judgment defense for Brooklyn cases. KOR Law LLP's foreclosure defense practice offers defense at every stage of a foreclosure.
The statewide steps are the same as anywhere in New York: service, an answer, a conference for homeowners, an order of reference, a judgment of foreclosure and sale, and an auction. Our overview of what happens after you are served with a foreclosure summons in New York walks through those steps. What Kings County adds is its own set of rules, forms and rooms, all at the Supreme Court building at 360 Adams Street.
What happens in the settlement conference part?
In a home loan case where the owner lives in the property, New York requires a settlement conference (CPLR 3408). In Brooklyn those conferences run through the Foreclosure Pre-Settlement part, Foreclosure Settlement Conference Part A and the Foreclosure Screening Settlement Part in Room 361. The court's rules say a conference may be required by statute or ordered because a homeowner appears, a case is referred, or someone asks for one. The Foreclosure Settlement Part Rules set the expectations on both sides:
- An appearing homeowner files a notice of appearance on the court's form, with name, address, telephone, cell phone and email, and receives an information sheet about the foreclosure process.
- The plaintiff's lawyer must come with the work-out package describing loss mitigation options, reasonably current payoff and reinstatement figures, and settlement authority or a direct number for a servicer who has it.
- The homeowner provides employment verification, tax and other records as required, and any agency helping the homeowner must give the homeowner copies of everything, including the completed work-out package, to bring to the conference.
- If the parties agree to a trial modification, the case gets a control date that matches the trial period.
- If no settlement is reached, the plaintiff's lawyer must send a letter to the conference part and the assigned judge stating the good-faith basis for ending negotiations.
- A case is marked off the conference calendar if the homeowner misses two scheduled conferences, if the court decides more talks would not help, or once a settlement is filed.
All parties must keep appearing until the case is settled by a signed agreement or sent back to the assigned judge. The statewide rules, including the good-faith duty, are in what happens at a New York foreclosure settlement conference. If an application is already with the servicer, read whether you can still get a loan modification after a New York foreclosure case starts before the first date.
Which Kings County filing rules affect the case?
| Rule | What it means for the case |
|---|---|
| Same block and lot, same judge | Every foreclosure on a property goes to the judge who had an earlier case on it, even a closed one |
| Mandatory form orders | The court's forms must be used for the order of reference, judgment of foreclosure and sale, deficiency judgment, surplus money order and a referee's request for added compensation |
| Papers the clerk may reject | Motion papers filed less than five days before the return date; an order of reference or judgment application without a CPLR 3408 statement on conference eligibility; a surplus application without a title search; a discontinuance after an RJI without a court order |
| Proposed orders | A motion needs a proposed order; if none is submitted, it must reach the assigned judge within 60 days or the motion may be deemed abandoned |
| Chain of assignment | Each order of reference must attach the property's chain of assignment, with dates and a tab reference for each assignment |
| Conference exemption | A claim that the case is exempt from the conference needs specific grounds and supporting affidavits; a claim that the borrower does not live in the home needs an affidavit of investigation |
| One-year rule | An application for a judgment of foreclosure and sale must be made within one year after the order of reference, or the action is dismissed automatically; filing a forbearance or settlement agreement suspends the year |
| Forbearance and discontinuance | Forbearance agreements are filed with the foreclosure clerk within 20 days of signing; a discontinuance needs court approval and, if the homeowner appeared for a conference, service on the homeowner |
The chain-of-assignment rule matters to owners who question whether the plaintiff ever held the loan, a defense explained in whether a New York foreclosure can be dismissed because the lender lacked standing. The court's form order of reference also sets its own clock: the referee reports within 60 days of the order, the plaintiff moves for judgment within 60 days of the report except for good cause, and the order must be served on the owner, named tenants and others entitled to notice within 20 days of entry and at least 30 days before any hearing before the referee. How to test the referee's numbers is in what a referee's report is and how to challenge the amount owed.
What happens on auction day?
The court-appointed referee sets the sale date at the time and place the judgment names and tells the plaintiff early enough to publish the notice of sale as RPAPL 231 requires; arranging publication is the plaintiff's job. Auctions are held every Thursday in Room 224 at 2:30 p.m. Referees or plaintiffs schedule them by email to the Foreclosure Department, one request per email with the index number, caption, referee's name, a requested date and at least one alternative, and requests by letter or telephone are not accepted. A notice of sale must reach the Foreclosure Department at least ten days before the auction, with a copy sent at the same time to the owner at both the last known address and the property address, and an affidavit of that service goes to the clerk by the day of the sale. The Kings County auction rules then govern the room:
| Topic | Rule |
|---|---|
| Who must attend | The referee and all interested parties, and an authorized representative of the plaintiff |
| Before bidding | The referee announces known encumbrances and provides the terms of sale on request; bidders show identification and state their names and addresses on the record |
| Deposit | The full 10% of the bid in hand, in cash or a certified or bank check payable to the referee; no double-endorsed checks |
| Signing | The sale is not final until the deposit is paid and the terms of sale are signed in the courthouse right after the sale; otherwise the property goes back to auction that day |
| Record | The court reporter records the winning bid, which becomes the purchase price |
| Closing | Within 30 days, or the deposit may be forfeited; adjourning beyond 90 days needs the court's consent; bids cannot be assigned |
| Defaulting bidder | May be liable for any shortfall on a resale, and is presumptively barred from bidding for 60 days |
| Adjournment | A plaintiff that adjourns or cancels must give the referee at least five days' written and telephone notice |
The sale itself follows the published-notice rules that apply across New York, compared borough by borough in where and when foreclosure auctions are held in New York City.
What happens to surplus money in Brooklyn?
A court clerk attends every court-ordered foreclosure auction and records the sale price, the judgment amount and the upset price. When the sale price is higher than the greater of the judgment amount and the upset price, the clerk gives the referee a Surplus Monies Form, which the referee, the plaintiff's representative and the buyer sign at the auction, and the clerk passes it to the County Clerk. Each case with potential surplus gets a control date in the Surplus Funds Part no later than six months after the auction; it is a part where no one appears, and the clerk checks the County Clerk's records on that date. At the Kings County Clerk, Window 9 in Room 189 provides the notice of appearance and notice of claim list once the referee's report has been entered and the surplus has been deposited into court; a mailed request lists the title of the action, the index number and what is requested, with a self-addressed stamped envelope. Who can claim the money, and in what order, is explained in who gets the surplus money after a New York foreclosure sale.
What if the sale brings less than the judgment?
Then the lender may seek a deficiency judgment against a person liable for the debt who was made a defendant and appeared or was personally served (RPAPL 1371(1)). Under RPAPL 1371(2), the motion must be made within 90 days after the referee's deed is delivered to the buyer, and the court determines the fair market value of the property as of the auction date. If no timely motion is made, the sale proceeds are treated as full satisfaction of the mortgage debt (RPAPL 1371(3)). In Kings County, a deficiency judgment must be entered on the court's own form, which the Foreclosure Office posts with its other sample orders. The deficiency rules themselves are explained in whether a lender can get a deficiency judgment after a New York foreclosure sale. A deficiency judgment is a money judgment, so the collection rules in what happens after a money judgment is entered against you in New York apply to it.
What changes the answer in a Kings County case?
- Whether the conference applies. The statutory conference is for home loans where the defendant lives in the property (CPLR 3408(a)). A plaintiff that says a case is exempt must give specific grounds with affidavits, and an affidavit of investigation if it says the borrower moved out (Kings General Foreclosure Rule 6).
- An earlier case on the same property. A new foreclosure on the same block and lot goes back to the judge who had the earlier one, even if that case was closed (Rule 1).
- Time since the order of reference. If more than a year has passed without an application for judgment, the action faces automatic dismissal unless a forbearance or settlement agreement was filed (Rule 7). This court rule is separate from the statute of limitations explained in how long a lender has to foreclose in New York.
- Whether you appeared. If a homeowner appeared for a settlement conference, in person or by a lawyer, a discontinuance must be served on that homeowner (Rule 8). Missing two scheduled conferences takes the case off the conference calendar (Settlement Part Rule 10).
- Commercial property. A dispute over a transaction involving commercial real property can be heard in the Commercial Division if it meets the Kings County $150,000 threshold, while residential real estate disputes cannot (22 NYCRR 202.70(b)(3), (c)(3)). The other differences are in commercial or residential foreclosure in New York: which protections apply to you.
For example: one Brooklyn case through the building
For example, imagine an owner of a one-family home in Brooklyn whose first language is Russian. (This is a made-up illustration, not a real client or result.) After she is served, the court sends a conference notice; the Foreclosure Office posts the notice in Russian among seven languages. She goes to Room 361, files the court's notice of appearance form with her phone and email, and receives the information sheet. The plaintiff's lawyer arrives with payoff and reinstatement figures and a work-out package. She and the servicer agree to a three-month trial modification, so the part sets a control date that matches the trial period.
Suppose the trial plan fails and talks end. The plaintiff's lawyer must write to the conference part and the assigned judge stating the good-faith basis for ending negotiations, and the case returns to the judge. If the plaintiff later gets an order of reference on the court's form, it must attach the chain of assignment, and she must be served with the order within 20 days of entry. If a sale is scheduled for a Thursday in Room 224, a copy of the notice of sale must be sent to her at her last known address and the property at least ten days ahead. Each of those steps is a point where she, or her lawyer, can check that the rule was followed.
Common mistakes in Kings County foreclosures
- Missing conferences. Two missed conferences take the case off the conference calendar, and the chance to settle through the part goes with them.
- Leaving out contact details. The notice of appearance asks for a phone, cell phone and email. Without them, notices and calls from the part may not reach you.
- Coming without the work-out papers. If an agency helped with the application, ask it for copies of everything; the rules require it to give them to you for the conference.
- Ignoring the order of reference. The form order gives you notice before the referee's hearing. That is the time to question the amount owed, not after the judgment.
- Assuming an auction can be moved by phone. The court schedules auctions by email from referees and plaintiffs only. An owner who wants a sale stopped has to ask the court, by motion or order to show cause.
- Forgetting the surplus. If the sale brought more than the judgment, the money sits with the court until someone claims it.
What to do this week
- Find the index number on your papers; every court and clerk request in Brooklyn uses it.
- If you received a conference notice, put the date in your calendar and plan to be in Room 361 at 360 Adams Street.
- Fill in the notice of appearance details: phone, cell phone and email you actually check.
- Gather tax returns, pay records, bank statements and any loss mitigation application with its letters, using our foreclosure defense consultation checklist.
- If you never answered the complaint, read what happens if you missed the deadline to answer a foreclosure in New York and act on it now.
- Speak with a lawyer about the papers before the next court date.
Frequently asked questions
Where is the courthouse, and which rooms matter?
The Supreme Court building is at 360 Adams Street, Brooklyn, NY 11201. Settlement conferences are in Room 361, auctions in Room 224, and the Kings County Clerk is in Room 189, which the Clerk lists as open from 9 a.m. to 5 p.m. Confirm rooms and hours with the court before you go.
Are conference notices available in other languages?
Yes. The Foreclosure Office posts the settlement conference notice in Arabic, Chinese (simplified and traditional), English, Haitian Creole, Russian and Spanish.
Can a homeowner or a relative bid at the Brooklyn auction?
The auction is public, and the Kings County rules apply to every bidder: identification, the full 10% deposit in cash or a certified or bank check payable to the referee, and signing the terms of sale right after the bid. A bidder who fails to close within 30 days may forfeit the deposit.
Can the lender drop the case without telling me?
Not if you appeared for a settlement conference, in person or through a lawyer. Kings County requires a discontinuance in that situation to be served on the homeowner, and any discontinuance needs the court's approval.
What if the judgment was entered because I never answered?
A default judgment can sometimes be vacated under CPLR 5015, on grounds and deadlines explained in whether you can undo a default judgment in New York. Act quickly: once the property has been sold to a buyer in good faith, a court that later reverses the judgment may order the value or purchase price restored instead of the property (CPLR 5523).
Where does an appeal from a Brooklyn judgment go?
The court system lists Kings County within the Appellate Division, Second Department. The timing and stay rules are in whether you can appeal or reargue a foreclosure judgment in New York.
Is the procedure the same in Queens, Manhattan or the Bronx?
No. Each county's Supreme Court publishes its own foreclosure rules, rooms and auction arrangements. The Queens procedure is in what to expect at Queens County Supreme Court in a foreclosure case. Manhattan cases follow the New York County Supreme Court's foreclosure procedure. Bronx cases are covered in what to expect at Bronx County Supreme Court in a foreclosure case.
How do I find out whether surplus money was deposited?
Once the referee's report is entered and the surplus is deposited, Window 9 of the County Clerk in Room 189 provides the notice of appearance and notice of claim list, in person or by mail with the index number. The Surplus Funds Part also checks each potential surplus case within six months after the auction.