Where and when are foreclosure auctions held in New York City?

This page explains New York law and covers four New York City counties: Kings (Brooklyn), Queens, New York (Manhattan) and Bronx. Richmond County (Staten Island) is not covered here. A foreclosure auction happens only after a judge signs a judgment of foreclosure and sale; how a case gets there is set out in what happens after you are served with a foreclosure summons in New York. For how KOR Law LLP handles foreclosure matters, see our foreclosure and real estate litigation page.

Where and when is each borough's auction?

A foreclosure case is tried in the county where the property is located (CPLR 507), so the auction is held at that county's Supreme Court, under that court's own rules. The judgment directs a sale by the sheriff or a referee (RPAPL 1351(1)); in these four counties the court's rules have a court-appointed referee run it, while the court supplies the room, the calendar and the local rules.

Courts change rooms and schedules, so check the county's own page the week of any sale. Dates come from the court, not the lender alone: in Brooklyn the referee or plaintiff must request a date from the Foreclosure Department by email (letters and calls are not accepted), the Bronx plan also routes scheduling through its Foreclosure Department, and in Queens an auction does not go forward unless it is on the court's Auction Calendar.

Each courthouse page walks through the rest of its county's process. For Queens, see what to expect at Queens County Supreme Court in a foreclosure case. The Manhattan steps are in what to expect at New York County Supreme Court in a foreclosure case. For the Bronx, see what to expect at Bronx County Supreme Court in a foreclosure case.

How must a sale be advertised?

RPAPL 231 governs every sale under a judgment affecting real property. The sale is a public auction to the highest bidder. The notice of sale, with a description of the property, must be published either once a week for four successive weeks or at least twice a week for three successive weeks. In a New York City county, the paper must be published in that county. With three weeks of publication, the sale must take place between the 21st and 28th day after the first publication; with four weeks, between the 28th and 35th day. The terms of sale must be announced at the auction, including any lien the property will be sold subject to (RPAPL 231(4)).

Local rules add notice to the owner. In Kings County, the notice of sale must be submitted to 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; the rest of the Kings County procedure is in what to expect at Kings County Supreme Court in a foreclosure case. In the Bronx, the notice of sale must be served on all defendants and e-filed at least ten days before the sale.

What happens in the courtroom on auction day?

Under the Kings County auction rules, the referee and a plaintiff's representative with authority to act must be present, and the referee must announce any encumbrance on the property before bidding starts. Bidders must show identification and state their names and addresses on the record, and the court reporter records the winning bid. No sale is final until the 10% deposit is paid and the terms of sale are signed in the courthouse right after the sale; if the winner cannot do both, the property goes back up for auction the same day. In Queens, the terms of sale must be posted 45 minutes before the auction starts.

What do bidders have to bring, and what happens if they default?

• Brooklyn. The successful bidder must have the full 10% of the bid in hand at the time of the bid, in cash or a certified or bank check payable to the referee, and must sign the terms of sale in the courthouse right after the auction. Failing to close within 30 days can forfeit the deposit; adjourning the closing beyond 90 days needs the court's consent; bids cannot be assigned; and a bidder who fails to close is presumptively barred from bidding for 60 days.
• Queens. Only a certified bank check payable to the referee is accepted for the 10% deposit, except from remote bidders. If the referee does not appear, the auction is cancelled and must be rescheduled. Remote bidding has been available under Administrative Order 90/23 for sales on or after September 8, 2023, where the plaintiff has hired a remote bidding provider; the auction itself still happens in person, and a winning remote bidder's deposit must reach the referee's trust account within one business day.
• Bronx. The successful bidder deposits at least 10% of the price in certified funds with the referee, except for remote bidders. Remote bidding has been authorized under Administrative Order 54/24 for properties auctioned on or after June 12, 2024, only where the judgment of foreclosure and sale allows it.

Can the owner still stop the sale?

The court system's CourtHelp guide says an owner can stop the sale up until the home is sold by paying what is owed (the right of redemption), or can ask the court to stop it by order to show cause for a good reason, such as having the money, refinancing, having a buyer, or having filed for bankruptcy. Under RPAPL 1341, paying the amount due, costs and sale expenses into court after the judgment but before the auction requires the court to stay the proceedings. Once the sale is complete, the home is lost.

The judgment sets the clock: it directs a sale within 90 days of its date (RPAPL 1351(1)), and the amount it awards comes from the referee's computation, which we explain in how a referee's report works and how to challenge the amount owed. Where the lender has not complied with the conference rules, the remedies in CPLR 3408 can also come into play; see what happens at a New York foreclosure settlement conference. CourtHelp also notes that an owner can keep trying for a loan modification up until the home is sold, and our page on getting a loan modification after a foreclosure case starts covers how that works.

What happens after the gavel?

The referee who conducted the sale must file a sworn report of sale with the clerk within 30 days after completing the sale and delivering the deed, accounting for how the proceeds were paid out (RPAPL 1355). The officer pays the sale expenses, required taxes and liens, and the plaintiff's debt, interest and costs (RPAPL 1354). Any surplus must be paid into court within five days after it is received (RPAPL 1354(4)). A motion to confirm the report of sale cannot be made within three months after it is filed and must be made within four months, except that with no surplus it can be made eight days after filing (RPAPL 1355(2)).

In Kings County a court clerk attends every auction and records the figures when a surplus is possible; in Queens and the Bronx, a surplus monies form is completed for every auction. Who can claim that money, and how, is covered in who gets the surplus money after a New York foreclosure sale. CourtHelp adds that after the sale the former owner will get notice of when to move out.

What changes the answer for your property's sale?

• The county. The case, and so the auction, sits in the county where the property is (CPLR 507), and each court sets its own day, room, deposit and scheduling rules. For Brooklyn properties, our page on foreclosure and judgment defense for Brooklyn (Kings County) cases gathers the local steps in one place.
• Whether you appeared in the case. CourtHelp 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. In Kings County, Auction Rule 15 still requires a copy of the notice of sale to go to the owner at two addresses.
• Whether the referee shows up. If the referee does not appear, the plaintiff's attorney may postpone the sale for up to four weeks, with notice of the postponement published at least three days before the new date (RPAPL 231(3)). In Queens, a referee's absence cancels the auction outright.
• Whether the judgment allows remote bidding. In the Bronx, no remote-bidding auction may take place unless the judgment of foreclosure and sale authorizes it (Bronx County Auction Plan; Administrative Order 54/24).

For example: a Brooklyn auction from judgment to report of sale

Common mistakes before an auction

• Assuming you will be told the date. An owner who never answered or appeared may get no notice from the plaintiff, so check the court's posted list yourself.
• Waiting for the auction week to act. CourtHelp's examples of a good reason to stop a sale are having the money, a refinance, a buyer or a bankruptcy filing, and the judge needs time to read the papers that show it.
• Relying on the newspaper alone. Courts post their own auction lists, and a listed sale can still be stayed or adjourned.
• Ignoring the amount in the judgment. The judgment amount is paid out of the sale price before anything is left over, so errors in the referee's computation carry through to the auction and to any surplus.
• Forgetting the surplus. If the price beats the judgment, the extra money goes into court, not to the owner automatically, and a claim has to be made.

What to do this week

1. Find your index number and look up the sale date on the court's posted auction list for your county.
2. Read the judgment of foreclosure and sale: the amount awarded, the referee's name and the servicer's telephone number.
3. Collect the notice of sale and any envelopes it came in, and note the publication dates you can find.
4. If you can pay, refinance or sell, get the commitment, payoff letter or contract in writing now.
5. If you never answered the complaint, read what happens if you missed the deadline to answer a foreclosure in New York.
6. Gather the papers on our foreclosure defense consultation checklist and speak with a lawyer before the auction date.

Frequently asked questions

Where can I find the list of properties set for auction?

Each court posts its own. The Kings County Foreclosure Sales page links a list of properties and the next auction date, the New York County page lists the properties for each sale date, and the Bronx court posts a Pending Foreclosure Auctions list. Queens says its calendar of scheduled auctions can be viewed through WebCivil eCourts.

Can the lender cancel or postpone the auction at the last minute?

Yes, and the rules set conditions. In Kings County, a plaintiff that adjourns or cancels must give the referee at least five days' written and telephone notice, or compensate the referee. In Queens, notice of a cancellation for any reason must be filed with the County Clerk no later than the day of the auction.

Can a sale be undone after the auction?

Only within limits. RPAPL 231(6) allows the court to set a sale aside within one year for defects in the notice, time or manner of the sale that prejudiced a substantial right, and never after that year. Appeals and stays follow their own deadlines, covered in appealing or rearguing a foreclosure judgment in New York.

What if the judgment was entered after I defaulted?

CourtHelp says an owner who never answered can ask the court, by order to show cause, to vacate the default judgment and allow an answer if there are defenses. The grounds and time limits are explained in whether you can undo a default judgment in New York.

What happens to tenants after the auction?

Under RPAPL 1305, the new owner must give tenants written notice, and a tenant in a unit that is not rent controlled or rent stabilized can generally stay for the rest of the lease or 90 days from the notice, whichever is longer, on the same terms. The statute lets a buyer who will live in one unit limit that one unit to 90 days, with exceptions for subsidized units.

Is a foreclosure auction the same as a sheriff's sale for a money judgment?

No. A foreclosure auction is run by the referee under a judgment of foreclosure and sale. A sheriff's sale under CPLR 5236 sells a debtor's interest in real property to collect a money judgment, on a different notice schedule, and mortgaged property cannot be sold under an execution issued on a judgment for the mortgage debt. That process is described in how property executions and sheriff sales work in New York.