Facing Foreclosure in Rochester, NY? Know Your Options

Behind on your mortgage in Rochester? Start here

Falling behind on a mortgage is stressful, and the paperwork that follows can be confusing. New York gives homeowners more time and more protections than most states: every foreclosure goes through the State Supreme Court, the lender must warn you 90 days before it files, and owner-occupants get a court-supervised settlement conference. That time is valuable, but it isn’t free. Interest, late charges and legal fees usually keep adding to the balance while the case moves, and every month eats into the equity you could keep.

This guide explains each stage of a Rochester foreclosure, what you can still do at each one, and how a cash sale to Trusty House Buyers works if you decide selling is the best way out. It is general information, not legal advice. A New York foreclosure attorney or a free housing counselor can tell you exactly where your case stands.

The New York foreclosure process, stage by stage

1. Missed payments and the 120-day mark

Under the federal mortgage servicing rules (Regulation X, 12 C.F.R. § 1024.41(f)), most servicers can’t make the first court filing until the loan is more than 120 days delinquent. Use this window. Reinstating, applying for a modification, or selling is simplest before a case is ever filed.

2. The 90-day pre-foreclosure notice

New York’s RPAPL § 1304 requires the lender or servicer to mail you a notice, headed “You may be at risk of foreclosure,” at least 90 days before it starts a lawsuit over a home loan. It states how far behind you are and includes a list of at least five free, government-approved housing counseling agencies serving Monroe County. It also gives the number for the Attorney General’s Homeowner Protection Program hotline, 1-855-466-3456. The notice is not an eviction notice. You keep the right to live in your home until a court orders otherwise.

3. Summons, complaint and notice of pendency

If nothing is resolved, the lender files a foreclosure action in Supreme Court, Monroe County, and records a notice of pendency (lis pendens) against the property with the Monroe County Clerk. With the summons and complaint, RPAPL § 1303 requires a separate notice on colored paper titled “Help for Homeowners in Foreclosure.” It tells you that you don’t have to leave your home unless and until it is sold at auction under a judgment of foreclosure and sale, and that you still have to maintain the property and pay the taxes. The summons gives you a deadline to answer, generally 20 days if you were handed the papers personally in New York and 30 days if they were served another way (CPLR 320). Missing it can lead to a default, so call an attorney or legal aid office right away.

4. The mandatory settlement conference

If you live in the house, CPLR 3408 requires the court to hold a settlement conference within 60 days after the lender files proof that you were served. You and the lender (in person or through attorneys) meet before a judge or court attorney to look for a way out, such as a loan modification, a repayment plan, a short sale or a deed in lieu of foreclosure. If you come without a lawyer, the court treats it as a request to proceed as a poor person and considers appointing counsel. Bring proof of income and hardship, and bring any purchase offer you have, because a sale is one of the outcomes the conference can work toward.

5. Judgment, auction and surplus money

If the case isn’t settled, the lender asks for a judgment of foreclosure and sale, and a court-appointed referee sells the house at a public auction. If the auction brings in more than what’s owed, the extra is surplus money that former owners have to claim through the court; it isn’t mailed to you automatically. Until the auction, you are still the owner and can sell the house yourself.

Your options, from keeping the house to selling it

Option	Best when	Watch out for
Reinstate or repayment plan	The hardship is over and you can catch up the missed payments, fees and costs.	The reinstatement amount grows the longer the case runs. Get the figure in writing from the servicer.
Loan modification	You want to stay and can afford a payment the lender will approve.	It takes documents and follow-up. A housing counselor can help for free; nobody should charge you upfront.
Sell with a real estate agent	The house shows well, you have time before the auction, and there is equity after costs.	Repairs, showings, buyer financing and inspections all take time you may not have.
Short sale	You owe more than the house is worth.	The lender must approve the price, which can take months, and there may be a deficiency question to ask an attorney about.
Deed in lieu of foreclosure	There is little or no equity and you want to hand the house back.	The lender must agree, and second mortgages or liens can block it.
Sell as-is for cash	The house needs work, is occupied by tenants, or the deadline is close and you want a certain closing date.	A cash offer is usually below full retail value. Compare it to what you’d net after repairs, months of interest and fees.

Bankruptcy can also pause a foreclosure, but it has long-term consequences, so talk it through with a bankruptcy attorney first.

Your rights when you sell a house in foreclosure to an investor

New York has a strong law to protect homeowners from equity skimming: the Home Equity Theft Prevention Act, Real Property Law § 265-a. It applies when you sell the one-to-four family home you live in while a foreclosure case or notice of pendency is active, or while the property is on a tax lien sale list. Under it:

• The whole deal must be in one written contract, printed in at least 12-point bold type, that states the price, how and when you get paid, when you move out, and any lease or buy-back terms.
• You can cancel the contract for any reason until midnight of the 14th business day after you sign. A bold notice next to your signature must show the exact deadline, and you get two copies of a cancellation form.
• Until that deadline passes, the buyer can’t have you sign a deed, record anything, pay you, or ask you to waive your right to cancel.
• The buyer can’t mislead you about the value of the house, what you would get after a foreclosure sale, or how long the court process takes, and can’t claim to be acting as your advisor.
• “Sell now, rent it back, buy it later” arrangements face strict extra rules. Be very careful with them.

The practical effect for a Rochester homeowner in foreclosure: plan on at least about three weeks from signing to closing, and treat anyone who asks you to sign a deed on the spot, or to pay a fee to “save” your house, as a red flag. The “Help for Homeowners” notice warns about these scams too. You are always free to have your own attorney review any contract, including ours.

Property tax foreclosure in the City of Rochester

Unpaid property taxes are a separate path to losing a house, and it can run even when the mortgage is current or paid off. The City of Rochester enforces its own tax liens. Each year it files a list of parcels with liens at least one year old with the Monroe County Clerk, which starts an in rem foreclosure action in State Supreme Court against the properties themselves. For the 2026 action (taxes delinquent as of July 1, 2025), the list of 1,661 parcels was filed on April 21, 2026, the redemption deadline was October 9, 2026, and the city scheduled its auction for November 18, 2026. Before the deadline, a parcel can be redeemed by paying all the delinquent taxes, charges, interest and late fees on the list.

If you get a city tax foreclosure notice, call the City Treasurer’s office right away to confirm the payoff and ask about a tax payment agreement. If the house is in one of the towns rather than the city, ask Monroe County’s finance office about the status of the taxes. A sale can pay the delinquent taxes from the proceeds at closing, as long as it closes before the property is lost.

Rochester situations that make foreclosure harder

• Older houses that need work. Much of Rochester’s housing was built before 1940. A roof, furnace or wet basement problem can make a house hard to sell to a buyer with a mortgage on a short timeline.
• Two-family houses with tenants. Leases and tenants’ security deposits carry over to a buyer. RPAPL § 1303 also requires the foreclosing lender to send its own notice to tenants within 10 days of serving the summons.
• A parent’s house in foreclosure. When the borrower has died, the estate usually needs a fiduciary appointed by the Monroe County Surrogate’s Court before anyone can sign a sale contract. See our inherited and probate house guide.
• Vacant houses. An empty house in a Rochester winter risks frozen pipes and insurance problems, and you stay responsible for maintaining it until it is sold.

How a sale to Trusty House Buyers works in foreclosure

• Tell us the dates. Share any court papers, the conference date and, if one is set, the auction date. We’ll be upfront if the timeline looks too tight for a sale.
• Get a written cash offer. We buy as-is: no repairs, no clean-out, no showings and no agent commissions.
• Contract and the 14-business-day period. If New York’s equity-purchaser rules apply, you get the full cancellation window before anything is signed or recorded.
• Payoff at closing. A title company or attorney orders a payoff from your servicer, pays the mortgage, any delinquent taxes and liens from the sale, and the foreclosure is discontinued. Whatever equity is left is yours.

What to gather

• Your most recent mortgage statement and any letters from the servicer, including the 90-day notice
• The summons, complaint and any conference notice, with the index number
• Your property tax bills and any City of Rochester or Monroe County tax notices
• Leases, rent records and security deposit information, if the house is rented
• Contact details for every person on the deed

Related guides

Sources: New York RPAPL §§ 1303 and 1304, CPLR 320 and Rule 3408, and Real Property Law § 265-a (NYS Open Legislation, nysenate.gov); 12 C.F.R. § 1024.41(f) (Regulation X); City of Rochester Tax Foreclosure Auctions page, the 2026 Tax Foreclosure Terms of Sale, and the 2026 notice of foreclosure of tax liens filed with the Monroe County Clerk. Checked October 26, 2026. This is general information, not legal advice. Talk with a New York attorney or a free housing counselor about your situation.