Receiving a 90-day pre-foreclosure notice in New York can feel alarming, but it does not mean you’re losing your home immediately. A 90-day notice is the lender’s required warning — giving you time to understand your rights, seek help, and take action before foreclosure begins.
New York’s 90-day pre-foreclosure notice required by law is meant to inform you, not intimidate you. During these 90 days, lenders must wait before starting a foreclosure lawsuit, giving you a critical window of opportunity to stop the process.
Welcome to Aronow Law, P.C.
At Aronow Law P.C., we understand the stress of falling behind on mortgage payments. Life happens — illness, job loss, reduced income, increased bills — all can disrupt even the most responsible homeowner. Our team works every day to defend New Yorkers facing foreclosure, negotiate with lenders, and guide homeowners through legal options such as loan modifications, repayment plans, foreclosure defense, and Chapter 13 bankruptcy. You don’t have to face this alone.
What Is a 90-Day Pre-Foreclosure Notice in New York?
Under New York law, the lender must send a 90-day pre-foreclosure notice before filing a foreclosure lawsuit. It often arrives by certified mail, and includes:
- A warning that your mortgage is in default
- The amount needed to bring the loan current
- Instructions for seeking help
- Information about approved counseling and financial services organizations
- A statement explaining that you have 90 days before the lender can take further action
This notice is one of the strongest consumer protections in New York foreclosure law — and receiving it means it’s time to take action.
What Happens After the 90 Days?
Once the 90 days expire, the lender can begin a formal foreclosure lawsuit by serving a Summons and Complaint. If that happens:
- You will have a strict deadline to file an Answer
- A mandatory settlement conference will be scheduled
- Legal fees, interest, and arrears may increase
- Your options become more time-sensitive
But at the 90-day notice stage, you can often stop foreclosure before it ever reaches the courthouse.
Your Options After Receiving a 90-Day Notice
1. Apply for a Loan Modification
A modification restructures your mortgage with:
- Lower monthly payments
- Extended terms
- Capitalization of arrears
- Possible interest adjustments
- Review by the lender’s financial services department
Submitting a complete application may prevent the lender from moving forward.
2. Request Forbearance or a Repayment Plan
If your hardship is temporary, lenders may offer:
- Short-term reduced payments
- Deferred payments
- Gradual repayment of arrears
3. Negotiate Through an Attorney
We step into:
- Communicate with the lender
- Prevent unnecessary acceleration
- Confirm the reinstatement amount
- Challenge errors in their accounting
Borrowers who negotiate with legal support often achieve better results than those who attempt to negotiate alone.
4. Use Chapter 13 Bankruptcy to Stop Foreclosure
Chapter 13 bankruptcy immediately halts foreclosure — even after the lender files a lawsuit. It allows you to:
- Catch up on arrears over 3–5 years
- Stop interest from accumulating on missed payments
- Protect your home from being sold
- Prevent collections and lawsuits
This is one of the most powerful tools available to homeowners behind on mortgage payments.
5. Investigate Lender Errors
Lenders frequently make mistakes, including:
- Misapplied payments
- Incorrect arrear calculations
- Improper fees
- Missing documents
- Failure to comply with New York’s strict foreclosure requirements
Any of these can be used to challenge or delay foreclosure.
6. Consider Short Sale or Deed in Lieu
If keeping the home is not your long-term goal, alternatives exist that protect your credit better than a foreclosure judgment.
Take Action Now. Your 90 Days Are Critical
The 90-day pre-foreclosure notice is your opportunity to get ahead of the process — not the end of the road. Aronow Law P.C. helps New York homeowners fight foreclosure, negotiate with lenders, and use every legal tool available to protect their home.
Contact Aronow Law P.C. today to schedule a foreclosure defense consultation.
We’ll explain your options, review the notice, and help you take immediate steps to protect your home.
Frequently Asked Questions
Does a 90-day pre-foreclosure notice mean foreclosure has started?
No. The 90-day notice is a warning — not a lawsuit. The lender cannot file in court until the 90 days have expired.
Why did the notice arrive by certified mail?
New York law often requires lenders to send foreclosure notices via certified mail to document proof that you received the notice.
Can I still negotiate once I receive the notice?
Yes. Many lenders prefer resolving the situation before filing a lawsuit. Loan modifications and repayment plans are common at this stage.
What if I fail to provide the 90-day notice?
The lender will likely file a lawsuit to initiate foreclosure proceedings. At that point, deadlines become extremely strict, fees increase, and your options become increasingly limited.
Will applying for a modification stop the 90-day countdown?
Not automatically. But many lenders will delay foreclosure if you’re actively working with their financial services department on a complete application.
Can Chapter 13 still be beneficial after the 90-day period?
Yes. Chapter 13 stops foreclosure at any stage — even after the lawsuit has been filed or a sale date has been scheduled.
Should I hire an attorney before the 90-day period expires?
Yes. Acting early gives you more power, more time, and more options. An attorney can negotiate, submit applications, and prevent mistakes that lenders may use against you.
What if the lender made a mistake on the notice?
Errors such as wrong amounts, missing disclosures, or failure to provide a 90-day pre-foreclosure notice required by law can be used to challenge or delay the case in court.
