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Foreclosure resource guide for Monroe County, New York
Rochester, NY • Population 752,202

Monroe County Foreclosure Resources

Complete guide to the foreclosure process in Monroe County, New York. Courthouse addresses, filing procedures, timelines, mediation options, and local legal aid — everything you need to defend your home.

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Foreclosure Type

Judicial

Avg. Timeline

Court-supervised timeline

Mediation

Available

Population

752,202

2024 U.S. Census Bureau estimate

Monroe County Foreclosure Timeline

New York is a judicial foreclosure state. Every foreclosure must go through the Supreme Court, in Monroe County, giving homeowners significant procedural rights and time to mount a defense.

Pre-Foreclosure Notice90-day notice period

Before any foreclosure action is filed, the lender must mail a pre-foreclosure notice under RPAPL § 1304, advising the borrower of the default and of available housing counseling. The notice period runs before the case can be commenced.

Complaint and Lis PendensCase initiation

The lender files a foreclosure complaint with the Supreme Court, in Monroe County, and records a lis pendens giving notice that the property is the subject of a pending action. The summons and complaint must be served together with the RPAPL § 1303 help-for-homeowners notice.

Answer and Settlement ConferenceSet by the court

The homeowner answers the complaint, raising defenses including standing and RPAPL § 1304 notice compliance. For owner-occupied residential property, a mandatory settlement conference is scheduled under CPLR § 3408, and the conference is automatic — no request is needed.

Discovery, Judgment and SaleSet by the court

The case proceeds through discovery and any summary judgment motion, then to a judgment of foreclosure and sale. A referee conducts the public auction, reports back to the court for confirmation, and the court confirms the sale. New York provides no statutory post-sale right of redemption.

Courthouse & County Offices

Monroe County Supreme Court

99 Exchange Blvd, Rochester, NY 14614

(585) 371-3200

Mon–Fri 9:00AM–5:00PM

Clerk of Court

Monroe County Clerk — Supreme Court

99 Exchange Blvd, Rochester, NY 14614

(585) 371-3200

Website

Files and maintains foreclosure actions commenced in the Supreme Court, in Monroe County, and maintains the lis pendens and judgment records for the county.

County Recorder

Monroe County Clerk — Official Records

101 E Main St, Rochester, NY 14614

(585) 753-1600

Website

Sheriff / Sale Info

Monroe County Sheriff's Office

130 Plymouth Ave S, Rochester, NY 14614

(585) 428-5444

In New York the foreclosure auction is conducted by a court-appointed referee, who reports the sale back to the court for confirmation — not by the Sheriff. The Sheriff's role comes later, if possession must be recovered after the sale is confirmed.

Foreclosure Mediation in Monroe County

New York requires a mandatory foreclosure settlement conference for owner-occupied residential property under CPLR § 3408. In Monroe County the conference is automatic — no request is needed — and both parties must negotiate in good faith.

Filing Requirements

  • 90-day pre-foreclosure notice mailed under RPAPL § 1304
  • Foreclosure complaint filed in the Supreme Court, in Monroe County
  • Lis pendens recorded with the county clerk
  • Summons and complaint served with the RPAPL § 1303 help-for-homeowners notice
  • Mandatory settlement conference for owner-occupied residential property under CPLR § 3408
  • A referee conducts the auction and the court confirms the sale
  • No statutory post-sale right of redemption

Key Statutes

N.Y. RPAPL § 1304

N.Y. RPAPL § 1304

Requires a 90-day pre-foreclosure notice to the borrower before a foreclosure action can be commenced. Compliance is a strict condition — failure is a defense.

N.Y. RPAPL § 1303

N.Y. RPAPL § 1303

Requires the help-for-homeowners notice to be served with the summons and complaint, advising the borrower of counseling and legal assistance.

N.Y. CPLR § 3408

N.Y. CPLR § 3408

Requires a mandatory settlement conference for owner-occupied residential property. The conference is automatic and both parties must negotiate in good faith.

N.Y. RPAPL §§ 1301-1393

N.Y. RPAPL §§ 1301-1393

The statutory framework governing New York foreclosure actions, from commencement through judgment and sale.

Right of Redemption

New York does not provide a statutory post-sale right of redemption. However, because all residential foreclosures are judicial, the protections operate before judgment: a 90-day pre-foreclosure notice under RPAPL § 1304, a mandatory settlement conference under CPLR § 3408, and a court-supervised process that gives you time to cure, negotiate a modification, pursue a short sale, or resolve the case. There is no right to buy the home back after the referee's sale is confirmed.

Deficiency Judgments

New York permits a deficiency, but only by a separate motion made within 90 days of the referee's delivery of the deed. The court determines the property's fair market value and the deficiency is measured against that value rather than the auction price — a protection that matters most where a forced sale lands below what the home is genuinely worth.

Legal Aid

Legal Aid Society of Rochester

(585) 232-4090Website

Free civil legal representation for qualifying low-income residents of Monroe County, including foreclosure defense and housing matters.

Empire Justice Center

(585) 454-4060Website

Statewide legal advocacy organization based in Rochester providing free foreclosure prevention and homeowner legal services.

Housing Counseling

HUD-Approved Rochester Housing Counseling

(800) 569-4287Website

New York State Homeowner Protection Program (HOPP)

(855) 466-3456Website

Frequently Asked Questions

How fast is a Monroe County foreclosure?+

New York law does not fix a total foreclosure duration by statute. The case runs on court procedure and the pace of the docket: a 90-day pre-foreclosure notice under RPAPL § 1304 must be mailed before the action can begin, the summons and complaint are served with the RPAPL § 1303 help-for-homeowners notice, a mandatory settlement conference is scheduled for owner-occupied residential property under CPLR § 3408, and the case proceeds through discovery and any summary judgment motion to a referee's sale. Because every step is a court event and the settlement conference can involve more than one appearance, the pace is set by the case itself rather than by a fixed statutory clock.

Where is the Monroe County foreclosure sale held?+

In New York the auction is conducted by a court-appointed referee, not by the Sheriff. The referee holds the public auction, reports the result back to the court, and the court confirms the sale before it is final.

Can the lender get a deficiency after my Monroe County foreclosure?+

It can seek one, but only by a separate motion made within 90 days of the referee's delivery of the deed. The court determines the property's fair market value, and the deficiency is measured against that value rather than the auction price — so the amount is tested against real worth.

Does New York have a right of redemption after foreclosure?+

No. New York does not provide a statutory post-sale right of redemption. The protections in a judicial state operate before judgment — the Answer, standing and notice defenses, the mandatory CPLR § 3408 settlement conference, and the court's supervision of every step through the referee's sale.

What is a lis pendens and why does it matter in Monroe County?+

A lis pendens is a recorded notice that the property is the subject of a pending court action. It is filed with the foreclosure complaint and recorded with the county clerk, it becomes part of the public record, and it gives anyone checking title notice that ownership is being litigated — which is why a lis pendens is one of the earliest signals that a New York foreclosure has begun.

What shapes housing in Monroe County specifically?+

Monroe County sits in the Finger Lakes region on the south shore of Lake Ontario, with Rochester as its seat, and its housing market divides along the same line most upstate metros do. Rochester itself holds the densest and oldest stock in the county — a large inventory of early-1900s single-family houses and two-family doubles built for the city's manufacturing workforce, concentrated in defined neighborhood blocks where the housing is remarkably uniform street by street. Those homes carry modest valuations, and because so much of the city's stock is two- to four-unit, a foreclosure there frequently involves an owner-occupied house where rental income from the other units supported the mortgage. Outside the city, the market shifts almost completely: the town of Brighton, Pittsford, Penfield, Webster, Greece and the other suburban towns carry newer subdivisions at meaningfully higher price points with conventional financing and plentiful comparables. The county also reaches into a genuinely rural tier on its western and southern edges — the towns around Churchville, Honeoye Falls and Mendon — where larger parcels and agricultural land sit outside the suburban market entirely. Between a 1920s Rochester double in a uniform city block, a Pittsford subdivision house, and acreage near Honeoye Falls, comparable sales have little in common, and a forced sale in the older urban tier can land below what the property is genuinely worth.

Where can I get free help in Monroe County?+

The Legal Aid Society of Rochester and the Empire Justice Center both serve Monroe County and provide free civil legal help to qualifying residents. The New York State Homeowner Protection Program (HOPP) is the right first call as well — it connects homeowners to free foreclosure-prevention counseling and legal services statewide.

More Resources for Monroe County Homeowners

Looking for a specific servicer? Browse the mortgage servicer directory for company-level contacts and complaint routes. If your foreclosure has already moved past the notice stage, start with the court procedures library to see where the case currently stands.

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