Westchester County Foreclosure Resources
Complete guide to the foreclosure process in Westchester County, 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
1.0 million
Westchester County Foreclosure Timeline
New York is a judicial foreclosure state. Every foreclosure must go through the Circuit Court of Westchester County, giving homeowners significant procedural rights and time to mount a defense.
The lender must mail a 90-day pre-foreclosure notice to the Westchester homeowner before filing and advise contacting a housing counseling agency. Strict RPAPL § 1304 compliance is required.
The lender files a foreclosure summons and complaint with the Westchester County Supreme Court (White Plains) and serves them with the required 'Help for Homeowners' notice.
For primary residences, a CPLR § 3408 settlement conference is automatically scheduled in the Westchester County Foreclosure Part. Both parties must negotiate in good faith across multiple hearings.
Unresolved cases proceed to discovery and motions under strict standing requirements. If the court grants judgment, a referee computes the amount due and a judgment of foreclosure and sale is entered.
A referee conducts a public auction and returns a report for confirmation. Any deficiency judgment must be sought within 90 days of the referee's deed. Westchester foreclosures run on the long New York timeline.
Courthouse & County Offices
Westchester County Supreme Court (Foreclosure Part)
111 Dr Martin Luther King Jr Blvd, White Plains, NY 10601
(914) 824-5300
Mon–Fri 9:00AM–5:00PM
Westchester County Courthouse (Supreme Court)
111 Dr Martin Luther King Jr Blvd, White Plains, NY 10601
(914) 824-5300
Mon–Fri 9:00AM–5:00PM
Clerk of Court
Westchester County Clerk
Foreclosure actions in Westchester County are filed in and processed by the Westchester County Supreme Court, which operates the Foreclosure Part and settlement conferences.
County Recorder
Westchester County Clerk — Land Records
Sheriff / Sale Info
Westchester County Sheriff's Office
110 Dr Martin Luther King Jr Blvd, White Plains, NY 10601
(914) 995-3058
A court-appointed referee conducts Westchester foreclosure auctions, not the Sheriff. The Sheriff's Department executes the eviction after the court issues a warrant of eviction.
Foreclosure Mediation in Westchester County
Mandatory for owner-occupied, one-to-four-family residences. A settlement conference is automatically scheduled at the commencement of the Westchester foreclosure action, with court-supervised good-faith negotiation.
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 should respond within the statutory period to preserve defenses
- •Mandatory settlement conference is automatic for owner-occupied properties
- •The lender must demonstrate standing to foreclose
- •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 foreclosure statute, including the 90-day pre-suit notice (§ 1304) and help-for-homeowners notice (§ 1303).
Civil Practice Law & Rules § 3408
N.Y. CPLR § 3408
Mandatory settlement conferences for owner-occupied residential foreclosures.
New York Homeowner Protection Program
N.Y. State HCR programs
State foreclosure-defense and counseling network serving Westchester homeowners with free legal and counseling support.
Right of Redemption
New York provides no statutory post-sale right of redemption. In Westchester County, the extended judicial process provides extensive pre-sale time to cure, modify, or negotiate — there is no reclaiming the home after the referee's sale is confirmed.
Deficiency Judgments
The lender may seek a deficiency judgment if the sale does not cover the debt, moving within 90 days of the referee's delivery of the deed. The court determines fair market value and limits the deficiency to the shortfall. Court supervision protects Westchester borrowers at the deficiency stage.
Legal Aid
Legal Services of the Hudson Valley
Free civil legal services for qualifying low-income Westchester residents, including foreclosure defense and loan-modification help.
Westchester Residential Opportunities
Housing counseling and fair-housing services, including assistance navigating foreclosure and loss mitigation.
Frequently Asked Questions
How does the Westchester settlement conference work?+
When a foreclosure is filed on your Westchester primary residence, the Westchester County Supreme Court automatically schedules a CPLR § 3408 settlement conference in White Plains. You, your attorney or counselor, and the lender's attorney negotiate before a judge or court attorney across multiple hearings, with both sides required to negotiate in good faith.
How long does a Westchester County foreclosure take?+
If you engage, cases typically run 2-4 years or more on the New York timeline. The extended period gives you time to cure arrears, obtain a modification, complete a short sale, or pursue defenses.
Is the RPAPL § 1304 90-day notice really required?+
Yes, for most residential mortgage loans on owner-occupied, one-to-four-family homes. The lender must mail the 90-day pre-foreclosure notice before filing. Non-compliance can be a complete defense.
Where can I get free help in Westchester County?+
Legal Services of the Hudson Valley provides free legal help to qualifying low-income residents. Westchester Residential Opportunities offers housing counseling and loss-mitigation guidance. Start with a New York State HCR-approved counselor (866-275-3427).
Could a deficiency judgment follow my Westchester foreclosure?+
Possibly, but only through a court-supervised motion within 90 days of the referee's deed. The court sets the property's fair market value and caps the deficiency at the difference between the debt and that value.
More Resources for Westchester County 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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