What to expect at New York County Supreme Court in a foreclosure case

This page explains New York law and the published procedures of the Supreme Court, New York County, for a foreclosure of Manhattan property. It follows a case through 60 Centre Street in the order an owner usually meets each office: the County Clerk, the General Clerk's Office, the Motion Submission Part, the auction and the surplus that may follow. KOR Law LLP's foreclosure defense practice covers commercial and residential foreclosures. For judgment records, co-op questions and the Commercial Division, start with foreclosure and judgment defense for Manhattan cases.

The statewide sequence is the same in every county, and our overview of what happens after you are served with a foreclosure summons in New York covers it. New York County adds its own offices, fees and calendars, and several of them change what an owner has to do and when. Every court detail below comes from the court system's pages as read on October 4, 2026.

Which rooms at 60 Centre Street will a foreclosure pass through?

How does a foreclosure move through the building, step by step?

1. Filing. E-filing through NYSCEF is mandatory in New York County except in a short list of case types that does not include foreclosures. The court lists a $400 index number for a foreclosure under RPAPL Article 13. The plaintiff also files a notice of pendency in the County Clerk's office; for a one to four family home, it must name the mortgage servicer and its telephone number (CPLR 6511(a), (b)).
2. Service and answer. The owner must appear within 20 days, or within 30 days for some methods of service (CPLR 320(a)). The rules on what the answer should contain are in how long you have to answer a foreclosure complaint in New York.
3. Conference. In a home loan case where the owner lives in the property, the plaintiff must file proof of service within 20 days, and the court must hold the settlement conference within 60 days of that filing (CPLR 3408(a)). The court system's guide says an owner who attends the first conference gets an extra 30 days to answer.
4. Assignment. When a request for judicial intervention is filed ($95), the General Clerk's Office assigns the case to a Justice at random by computer. The court's case management list puts case types it does not name on its standard track, with a 12-month target from that request to the note of issue, though the assigned Justice's orders control.
5. Order of reference and judgment. Before signing a judgment of foreclosure and sale, the judge signs an order of reference sending the case to a referee to add up what is owed; after the referee reports, the plaintiff asks for judgment. Requests made by motion on notice are handled by Room 119 and called in Room 130, as described below.
6. Sale. The judgment directs a sale by the sheriff or a referee within 90 days (RPAPL 1351(1)), after notice runs in a daily newspaper published in the county (RPAPL 231(2)(a)).
7. After the sale. The officer who made the sale files a sworn report of sale within 30 days (RPAPL 1355(1)), and any surplus goes into court.

The settlement conference itself, and what both sides must bring, is covered in what happens at a New York foreclosure settlement conference.

What will the case cost in court fees?

New York County publishes one fee list for its Supreme Court actions and the County Clerk. The plaintiff buys the index number when it starts the case; an owner who makes a motion or cross-motion, files a notice of appeal or needs a transcript of a judgment pays that fee.

In paper cases, the County Clerk accepts cash, Visa, Mastercard or American Express, a New York attorney's check payable to the New York County Clerk, or a U.S. postal money order; other checks must be certified.

What happens to a motion in Room 130?

Motions on notice are processed by the General Clerk's Office in Room 119 and made returnable in the Motion Submission Part Courtroom, Room 130, on any business day at 9:30 a.m. The court's procedures for that room are specific:

• In an e-filed case, the moving papers must be filed at least eight business days before the return date.
• At the 9:30 a.m. call, papers are collected; no judge is present and nothing is argued. Between 9:00 and 9:30 a.m., the room takes stipulations, withdrawals and complete sets of papers in advance.
• The court's page says no one has to appear at the call to avoid a default, as long as papers are delivered on time.
• Most motions are decided on the papers. Some Justices set argument automatically; a party who wants argument must ask for it conspicuously on the front of the papers (22 NYCRR 202.8(d)).
• Adjournments need a written stipulation or a sworn statement of consent; no more than three adjournments, totaling no more than 60 days, are allowed without the Justice's permission (22 NYCRR 202.8(e)(1)).
• The New York Law Journal publishes the Room 130 calendars two days before each return date and the results two days after; the court does not mail notice of these developments.

The motion that matters most to the amount owed is the one on the referee's computation, explained in what a referee's report is and how to challenge the amount owed.

What happens on auction Tuesday?

New York County holds its foreclosure auctions on Tuesday afternoons at 2:15 p.m., in a room posted outside Room 130. The court's Foreclosure Auction Sales page lists the properties scheduled for each sale date, and it warns that some of them may not be sold, for example because a court stayed the case or the parties signed a forbearance agreement. The same page posts the Foreclosure Auction Part Rules, dated May 2026, which bidders and owners should read before the sale date. The sale is a public auction to the highest bidder (RPAPL 231(1)). The court system's guide says an owner who wants a sale stopped asks the court by order to show cause, including a request to stay the sale until the judge decides. If the notice was published for three weeks, the sale falls on or after the 21st and on or before the 28th day after the first publication; for four weeks, between the 28th and the 35th day (RPAPL 231(2)(a)). How the boroughs compare is set out in where and when foreclosure auctions are held in New York City.

Each borough's courthouse has its own sale day and rules. Brooklyn owners can read what to expect at Kings County Supreme Court in a foreclosure case. Queens has its own walk-through in what to expect at Queens County Supreme Court in a foreclosure case. For the Bronx, see what to expect at Bronx County Supreme Court in a foreclosure case.

Where does surplus money go after a Manhattan sale?

The court posts a NYSCV Surplus Monies Form on its auction page. Under RPAPL 1355(1), the officer who made the sale files a sworn report of the sale within 30 days after completing it and executing the deed to the buyer. When there is surplus, a motion to confirm that report cannot be made within three months after it is filed, and must be made within four months. When the report shows surplus, the party moving to confirm must show a voucher that the money was paid into court, a clerk's certificate listing the notices of claim filed, and an affidavit of any other unpaid liens (RPAPL 1355(2)). Who can claim the money, and in what order, is explained in who gets the surplus money after a New York foreclosure sale.

A sale can also bring in less than the judgment. A lender seeking a deficiency judgment must move within 90 days after the deed is delivered to the buyer (RPAPL 1371(2)); the rules are in whether a lender can get a deficiency judgment after a New York foreclosure sale.

What changes the answer in a New York County case?

• Whether the conference applies. Only a home loan case where the owner lives in the property gets the mandatory conference (CPLR 3408(a)).
• How many adjournments have been used. After three, or 60 days in total, a further adjournment needs the Justice's permission (22 NYCRR 202.8(e)(1)).
• Whether you asked for argument. Without a conspicuous request on the papers, the motion may be decided on submission (22 NYCRR 202.8(d)).
• The timing of the sale. The sale follows a published notice of three or four weeks (RPAPL 231(2)(a)).
• Commercial property. A commercial real property dispute meeting New York County's $500,000 threshold may go to the Commercial Division; a residential one cannot (22 NYCRR 202.70(a), (b)(3), (c)(3)). The Division's entry rules are explained in does your business dispute belong in the New York Commercial Division.

For example: an Inwood condo owner's case through the building

Common mistakes at 60 Centre Street

• Expecting a judge in Room 130. The 9:30 a.m. call only collects papers; arguments happen later, if at all.
• Handing up paper opposition too early. In a hard copy case, opposition and reply papers are accepted only on the final return date.
• Asking for an adjournment by phone. Room 130 works from written stipulations or sworn statements of consent.
• Waiting for mail. The court does not mail notice of calendar results or argument dates; check NYSCEF, the court's online records or the Law Journal.
• Treating the auction list as settled. A property on the list can still come off it, for example after a stay, so the list shows what is scheduled, not what will happen.
• Forgetting the surplus. Money left after a sale stays in court until someone claims it.

What to do this week

1. Find the index number on the summons and look the case up on NYSCEF.
2. Count your answer deadline from the date and method of service.
3. If a conference notice arrived, put the date, time and place in your calendar.
4. If you never answered, read what happens if you missed the deadline to answer a foreclosure in New York and act on it now.
5. Collect the loan papers, letters and income records listed in our foreclosure defense consultation checklist.
6. Speak with a lawyer before the next return date in Room 130.

Frequently asked questions

Where is the courthouse, and when should I arrive for a motion?

The court lists its offices at 60 Centre Street unless stated otherwise. Room 130 calls its motions at 9:30 a.m. and accepts stipulations and complete sets of papers from 9:00 a.m.

How will I find out what the judge decided?

In an e-filed case, decisions are posted to NYSCEF and e-filing parties are notified by email. The court also posts decisions on its Supreme Court Records On-Line Library, called Scroll, and does not send them by mail.

How much does it cost to file a motion?

New York County lists $45 for a motion and $45 for a cross-motion. In e-filed cases the fee is paid online by credit card when the papers are filed.

Can I see which Manhattan properties are scheduled for auction?

Yes. The court's Foreclosure Auction Sales page lists the properties for each sale date, with details for each one, and it notes that some listed properties may not be sold.

Where does an appeal from a Manhattan foreclosure go?

The First Department of the Appellate Division hears it; the court system's map places New York County there. The notice of appeal fee in New York County is $65, and the deadlines are in whether you can appeal or reargue a foreclosure judgment in New York.

Will I be told when my home is scheduled for auction?

The court system's guide says that if you did not file an answer or a notice of appearance, the plaintiff does not have to tell you about the auction. Filing one, and checking the court's auction list, keeps you from learning about the sale too late.