The Right to Stay in Your Home

July 15, 2025 By Elliot S. Schlissel

If a bank brings a foreclosure lawsuit against your home, you have a right to stay in the home during the pendency of the lawsuit. Foreclosure lawsuits sometimes, if handled by an experienced foreclosure attorney, can take years to get through the courts. However, if you fail to respond to the foreclosure Summons and Complaint in a timely manner, or if you abandon your home, the foreclosure process can be expedited and you can lose your home more quickly and with minimal notice.

You have the right to stay in your home until there is a final court order in the landlord/tenant court to force you to vacate the home. You should not leave early.

Foreclosure Scams

The are many foreclosure scams. You may be contacted by all types of people. The foreclosure notices are in the public domain. The scammers can find them in newspapers and on the internet. Before you sign any documents or take action regarding your home you should consult with a foreclosure attorney. This way you will avoid being cheated or defrauded out of your home.

Before the Foreclosure Lawsuit Starts

Homeowners in the State of New York have a right to a ninety (90) day notice before a foreclosure lawsuit is initiated by the financial institution that holds the mortgage on their home. New York Real Property and Actions Law (Real Property Actions and Proceedings Law Section 1304) requires a financial institution to provide a homeowner with specific and helpful notice regarding their rights and obligations during the foreclosure process. This notice specifically must advise the homeowner that they have a right to remain in their home until such time as a foreclosure sale is concluded. It also states they have an obligation to maintain their property and pay applicable taxes until such time as a foreclosure sale is completed.

The law firm of Schlissel DeCorpo LLP has been helping families deal with mortgage and foreclosure problems for more than 30 years. We can be reached at 718-350-2802, 516-561-6645 or 631-319-8262 or by e-mail at info@sdnylaw.com.