Kings County (Brooklyn) Foreclosure Resources
Complete guide to the foreclosure process in Kings County (Brooklyn), New York. Courthouse addresses, filing procedures, timelines, mediation options, and local legal aid — everything you need to defend your home.
Response within 24 hours
Foreclosure Type
Judicial
Avg. Timeline
600+ days
Mediation
Available
Population
2.6 million
Kings County (Brooklyn) Foreclosure Timeline
New York is a judicial foreclosure state. Every foreclosure must go through the Circuit Court of Kings County (Brooklyn), giving homeowners significant procedural rights and time to mount a defense.
Before filing a foreclosure action, the lender must mail a 90-day pre-foreclosure notice to the borrower at their last known address (and, in some cases, to the property address). This notice describes the mortgage, the default, and prompts you to contact a housing counseling agency. Failure to properly send this notice can be a complete defense to the action.
The lender files a foreclosure summons and complaint with the Kings County Supreme Court (Brooklyn) and serves them on you. A 'Help for Homeowners' notice (RPAPL § 1303) must be served with the summons, explaining your rights and directing you to housing counseling. You typically have 20 days (in most cases) to file an answer.
For primary residences, the court automatically schedules a foreclosure settlement conference under CPLR § 3408. Both you and the lender must negotiate in good faith, usually over multiple hearings spanning months. This is your best-structured chance to reach a loan modification or other resolution.
If no settlement is reached, the case proceeds to discovery and motions. New York courts enforce strict standing requirements — the lender must prove it holds the note and mortgage. If the court grants summary judgment, a referee is appointed to compute the amount due.
The court enters a judgment of foreclosure and sale, a referee conducts a public auction, and the referee's report is returned to the court for confirmation. After the referee delivers the deed, the lender has 90 days to seek a deficiency judgment. New York's judicial process is the longest in the nation — contested cases often take 3-4 years or more, giving you substantial time to negotiate.
Courthouse & County Offices
Kings County Supreme Court (Brooklyn)
360 Adams St, Brooklyn, NY 11201
(347) 296-1100
Mon–Fri 9:00AM–5:00PM
Kings County Civil Court — Housing Part
141 Livingston St, Brooklyn, NY 11201
(718) 488-7600
Mon–Fri 9:00AM–5:00PM
Clerk of Court
Kings County Supreme Court — Foreclosure Part
All residential mortgage foreclosure actions in Brooklyn are filed and processed in the Kings County Supreme Court, which also runs the mandatory settlement conference calendar.
County Recorder
Kings County (Brooklyn) City Register/County Clerk
Sheriff / Sale Info
NYC Sheriff / Kings County Marshal
210 Joralemon St, Brooklyn, NY 11201
(212) 967-7700
In New York, a referee appointed by the court — not the Sheriff — conducts the foreclosure auction. The NYC Sheriff's office or a New York City marshal then executes the eviction after the court issues a warrant once the new owner completes the statutory eviction process.
Foreclosure Mediation in Kings County (Brooklyn)
Mandatory for owner-occupied, one-to-four-family residences. A foreclosure settlement conference is automatically scheduled when a foreclosure action is commenced. The court oversees good-faith negotiations between you and the lender's attorney, and the case does not move to summary judgment until the conference process concludes.
Filing Requirements
- •90-day pre-foreclosure notice (RPAPL § 1304) must be mailed before filing
- •Summons and complaint must include a 'Help for Homeowners' notice (RPAPL § 1303)
- •Homeowner must file an answer (typically within 20-30 days of service) to preserve defenses
- •Mandatory settlement conference is automatically scheduled for owner-occupied properties
- •The lender must demonstrate standing — holding the note and mortgage
- •A referee conducts the sale; a deficiency judgment must be sought within 90 days of the deed
Key Statutes
Real Property Actions & Proceedings Law (RPAPL)
N.Y. RPAPL §§ 1301-1393
New York's comprehensive foreclosure statute, including the 90-day pre-suit notice (§ 1304) and the help-for-homeowners notice (§ 1303).
Civil Practice Law & Rules § 3408
N.Y. CPLR § 3408
Requires mandatory settlement conferences in residential foreclosure actions involving owner-occupied properties.
New York Homeownership & Equity Protection (mandatory settlement conferences)
N.Y. CPLR § 3408; RPAPL § 1302
Preserves homeowner rights and requires good-faith loss-mitigation negotiation before a sale.
Right of Redemption
New York does not provide a statutory post-sale right of redemption. However, because all residential foreclosures are judicial and the process is the longest in the nation (contested cases commonly run 3-4 years), you have unusually extensive pre-sale time to cure, negotiate a modification, short sale, or resolve the case. There is no right to buy the home back after the referee's sale is confirmed.
Deficiency Judgments
The lender may seek a deficiency judgment if the sale proceeds do not cover the debt, but the motion must be made within 90 days of the referee's delivery of the deed. The court determines the fair market value of the property, and the deficiency is limited to the shortfall between the debt and that fair value. This court supervision provides a degree of protection in Brooklyn foreclosures.
Legal Aid
Brooklyn Legal Services (Legal Services NYC)
Free civil legal services for qualifying low-income Brooklyn residents, including foreclosure defense and loan-modification negotiation at settlement conferences.
Legal Aid Society — Housing & Foreclosure
Free legal representation in foreclosure matters for qualifying New Yorkers, including Brooklyn.
Frequently Asked Questions
What happens at a Brooklyn foreclosure settlement conference?+
Under CPLR § 3408, when a foreclosure action is filed on your primary residence, the Kings County Supreme Court automatically schedules a settlement conference. You, your attorney (if you have one), a housing counselor, and the lender's attorney meet with a judge or court attorney to negotiate a loan modification or other resolution. Multiple conferences are held, and both sides must negotiate in good faith — so you may be entitled to a modification the lender might otherwise deny.
How long does a Kings County foreclosure take?+
Very long by national standards — that is an advantage. If you answer the complaint and attend conferences, the case typically lasts 2-4 years or more. Settlement conferences alone often span several months. This is the longest foreclosure timeline in the United States, giving you time to cure the default, negotiate, or pursue other options.
What is the RPAPL § 1304 90-day notice?+
Before a lender can start a foreclosure, it must mail you a 90-day pre-foreclosure notice describing the loan and the default and advising you to contact a housing counseling agency. If the lender fails to send this notice in strict compliance with the statute, that failure can be raised as a complete defense to dismiss the action.
Can the bank get a deficiency judgment against me in Brooklyn?+
Yes, potentially, but it is court-supervised. After the referee's sale, the lender has 90 days to make a motion for a deficiency judgment. The court sets the property's fair market value, and any deficiency is limited to the difference between the debt and that value. You must receive proper notice and have a chance to respond.
Where can I get free help in Brooklyn?+
Brooklyn Legal Services (Legal Services NYC) and the Legal Aid Society provide free legal representation to qualifying residents, including at settlement conferences. Start with a New York State HCR-approved housing counselor (800-342-3729) or a local agency like Bedford Stuyvesant Restoration Corporation.
More Resources for Kings County (Brooklyn) Homeowners
New York Foreclosure Laws
Complete state-level guide to foreclosure laws, timelines, and homeowner protections.
Foreclosure Defense
Comprehensive defense strategies to stop or delay foreclosure in any U.S. county.
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