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

This page explains New York law as applied in the Supreme Court, Queens County. It follows the Residential Foreclosure Part's rules in order and then the Friday auction rules, using the court's published pages read on the date shown. For the County Clerk, judgment enforcement and the Commercial Division, see foreclosure and judgment defense for Queens County cases. KOR Law LLP's foreclosure defense practice represents residential and commercial borrowers, guarantors and owners at each of these stages.

Queens does not change the statewide steps described in what happens after you are served with a foreclosure summons in New York. It adds a local layer run from the Foreclosure Conference Part, Room 42A, 88-11 Sutphin Boulevard, Jamaica, NY 11435.

How does a case move through the Queens Residential Foreclosure Part?

1. The complaint makes three statements. Part rule 1 says a residential foreclosure complaint should state whether the loan is on an owner-occupied home of one to four families and is subprime, high-cost or nontraditional; whether the 90-day notice was served; and that the plaintiff holds the note and mortgage or a current, valid assignment of them.
2. The plaintiff asks for the conference. When it files the affidavit of service with the Queens County Clerk, the plaintiff must, where the rules apply, file a request for judicial intervention for a settlement conference (rule 2). State law requires the conference within 60 days after proof of service is filed with the county clerk (CPLR 3408(a)).
3. The first conference. A defendant appearing without a lawyer is treated as having asked to proceed as a poor person, and the court decides that request (rule 4; CPLR 3408(b)). If no answer has been filed, the court must explain the answer requirement and warn that defenses may be lost (CPLR 3408(l)).
4. Negotiation. Conferences continue under the preparation rules described below until the case settles or the referee releases it.
5. Hearings on disputes. If a question about tolling of interest or lack of good faith comes up, either side may ask the presiding court attorney-referee to refer it to a Justice for a decision, after which the case returns to the part (rule 11).
6. Release. If the referee decides the case should proceed, an order states that it has not settled and the parties may litigate (rule 12). The referee then schedules a status conference, or a preliminary conference where an answer was served and the parties want significant discovery (rule 13).
7. Motions to the assigned judge. Later motions go to the assigned IAS judge and must attach a statement on whether the case fits the Residential Foreclosure Program, the attorney affirmation or certificate of merit, and the conference order where a CPLR 3408 conference was held (rule 12).

Which part sits when, and where?

No in-person appearance is required on the settlement conference calendar. Anyone appearing needs Microsoft Teams, a working microphone and a camera, and the camera must stay on during any appearance before a judge or court attorney-referee.

What do the part rules expect from each side?

Rule 7 sets the plaintiff's homework. Its lawyer should come ready to discuss the servicer, the loan amount, the reinstatement and payoff amounts and any investor restrictions, and must report the case's status, including whether an answer was served and whether an earlier action on the same loan was discontinued or dismissed. The court may adjourn a case many times until the plaintiff shows it has complied. Appearing lawyers must know the case's history, have authority to dispose of it, and be able to reach their client by phone and email during the conference.

The homeowner's side is in rules 8 and 9. The homeowner should attend the required housing counseling meeting and is encouraged to see a counseling agency or a lawyer first. At the conference, the homeowner should be ready to discuss whether the property is residential or commercial, the household's finances, why the payments stopped, whether it is the primary residence and whether the homeowner wants to stay. Appearing does not waive a self-represented defendant's jurisdictional defenses, and what is said or exchanged at the conference is for settlement only, not an admission (rule 6). Both sides also carry the statewide duty to negotiate in good faith (CPLR 3408(f)), explained in what happens at a New York foreclosure settlement conference.

Each side may request one adjournment, which the court generally grants; later requests are up to the court, and none is granted by telephone (rule 10). 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.

What happens when the case settles, or does not?

A settled case is not closed until the paperwork is filed. The referee issues an order stating that the matter settled and directing the parties to file a stipulation of discontinuance with the Queens County Clerk within 90 days of the conference order, and failing to file may lead to more conferences (rule 14). The part can be told by email or phone that a case was settled or discontinued, but it will not mark the case off without both sides' consent or a signed stipulation (rule 10).

If the case does not settle, the release order moves it into litigation. At the final status conference, the referee's order lists any documents the plaintiff must file, and a plaintiff that fails to comply without good cause may see the case adjourned or dismissed without prejudice (rule 13). A homeowner who never answered should read how long you have to answer a foreclosure complaint in New York right away. If the case reaches the stage where a referee computes the debt, see what a referee's report is and how to challenge the amount owed.

What are the rules on a Queens auction day?

The judgment of foreclosure and sale orders the property sold by a referee within 90 days of the judgment date (RPAPL 1351(1)), after a notice of sale is published as RPAPL 231 requires. In Queens, every such judgment must direct the referee to follow the Eleventh Judicial District's policies on public auctions, including remote bidding, and an auction does not go forward unless it is on the court's Auction Calendar. Referees and plaintiffs must confirm a time slot with the court's Foreclosure Department by email before scheduling a sale; skipping that step means the auction is rescheduled at the scheduling party's expense, including publication costs.

Remote bidding is allowed under Administrative Order 90/23, but only where the plaintiff has hired a remote bidding technology provider, for properties auctioned on or after September 8, 2023. The auction itself stays in person, with the provider relaying bids from a tablet. If a remote bidder wins, the referee may defer the deposit on proof of funds, but the deposit must reach the referee's trust account within one business day of the auction. Auction days across the city are compared in where and when foreclosure auctions are held in New York City.

What happens after the sale?

The referee must file a sworn report of sale, with vouchers for the payments made, within 30 days after completing the sale and delivering the deed, unless the court extends that time (RPAPL 1355(1)). Queens adds its own check: if the report is not filed with the County Clerk's Office within 90 days of the sale, the referee must email the Foreclosure Department with the caption, index number, auction date and a detailed reason why the report and any surplus have not been deposited. A motion to confirm the report generally comes three to four months after filing (RPAPL 1355(2)). Who can claim leftover money is explained in who gets the surplus money after a New York foreclosure sale.

If the sale brings less than the debt, the lender may move for a deficiency judgment within 90 days after the referee's deed is delivered, and the court sets the property's fair market value as of the auction date (RPAPL 1371(2)). Without a timely motion, the sale proceeds are treated as full satisfaction of the mortgage debt (RPAPL 1371(3)).

How do the other New York City courthouses compare?

Each county in the city runs its own foreclosure parts, and a rule from one courthouse does not carry over to the next. Brooklyn's conference rooms, form orders and auction day are covered in what to expect at Kings County Supreme Court in a foreclosure case. The Bronx court's procedures are in what to expect at Bronx County Supreme Court in a foreclosure case. Manhattan cases are covered in what to expect at New York County Supreme Court in a foreclosure case.

What changes the answer in a Queens case?

• Whether the conference rules apply. The part rules cover actions subject to CPLR 3408 and other residential foreclosure laws, and the statutory conference is for home loans where the defendant lives in the property (CPLR 3408(a)).
• Whether the 90-day notice was served. The complaint must say so (rule 1), and the notice itself is required for home loans by RPAPL 1304; see New York's 90-day foreclosure notice and what happens if the lender got it wrong.
• Whether you have a lawyer. A self-represented defendant is deemed to have moved for poor person status at the first conference, and if the court appoints counsel, the conference is adjourned for counsel to appear (rule 4; CPLR 3408(b)).
• Whether you answered. A defendant who never answered risks losing defenses (CPLR 3408(l)); the options are in what happens if you missed the deadline to answer a foreclosure in New York.
• Whether a remote bidding provider was hired. Only then can bidders take part without standing in Courtroom 25 (Administrative Order 90/23, as applied in the Queens auction rules).

For example: a Queens homeowner from the first Teams call to a scheduled sale

Common mistakes in Queens foreclosures

• Going to Jamaica for a virtual conference. The settlement calendar is held on Microsoft Teams, and no in-person appearance is required.
• Keeping the camera off. The part requires the camera to be on during any appearance before a judge or court attorney-referee.
• Calling to adjourn. No adjournment is granted by telephone, and only the first request by each side is generally granted.
• Assuming a settlement closes the case. A stipulation of discontinuance must be filed with the County Clerk within 90 days of the conference order, or more conferences may follow.
• Assuming every published sale will happen. Some calendared properties are not sold, for reasons including court stays, and an auction not on the Auction Calendar does not go forward.
• Bidding without the right check. Referees accept only a certified bank check payable to the referee, for the full 10%, in hand when the bid is made.

What to do this week

1. Find the index number on your papers; the part, the clerk and WebCivil all use it.
2. Check the conference notice for the day and part, install Microsoft Teams, and test your camera and microphone.
3. Gather pay records, tax returns, bank statements and a short written explanation of why payments stopped, using our foreclosure defense consultation checklist.
4. Count your answer deadline from the date and method of service.
5. If you think a sale has been scheduled, look up the case on WebCivil on eCourts.
6. Speak with a lawyer before the next conference or court date.

Frequently asked questions

Do I have to go to the courthouse for my settlement conference?

No. The court's page says the settlement conference calendar is held remotely on Microsoft Teams and no in-person appearance is required. You need a working microphone and camera, and the camera stays on while you appear.

How do I contact the Queens foreclosure conference part?

The part lists QSCFCP@nycourts.gov and 718-298-1092, mainly for reporting that a case was settled, discontinued or otherwise disposed of. A case is not marked off without both sides' consent or a signed stipulation.

What if I cannot afford a lawyer?

At the first conference, a self-represented defendant is treated as having asked to proceed as a poor person, and the court decides whether to grant it. The Supreme Court Help Center, Room 100 of the Jamaica courthouse, 718-298-1024, gives free procedural information and forms but not legal advice.

Can a bidder pay with cash or a personal check?

No. The Queens rules say referees accept only a certified bank check payable to the referee, and an in-person winning bidder must have the full 10% of the bid in hand. A remote winning bidder instead has the deposit transferred within one business day.

Can the Long Island City courthouse be involved in my case?

Yes. The Master Foreclosure Judge's status calendar, Part 43, sits in Courtroom B-10 at 25-10 Court Square in Long Island City, so a status conference may be scheduled there rather than in Jamaica.

Where does an appeal from a Queens foreclosure go?

The court system lists Queens within the Appellate Division, Second Department. The deadlines and stay rules are in whether you can appeal or reargue a foreclosure judgment in New York.