New York homeowners have typically 20-30 days from service to file a verified Answer in NY Supreme Court. New York requires specific denials for each paragraph and has mandatory settlement conferences. Here is exactly what to do.
Rush response within 24 hours
New York is a judicial foreclosure state. The lender must file a Summons and Complaint in New York Supreme Court (the trial-level court, despite the name). New York has unique requirements: you must specifically admit or deny each paragraph, the Answer must be verified (sworn under oath), and the court will schedule a mandatory foreclosure settlement conference after you file.
Important: NY Requires Specific Denials
Under CPLR 3018, you must specifically admit, deny, or state that you lack knowledge sufficient to form a belief as to each numbered paragraph. General denials are not permitted in New York foreclosure cases. If you fail to deny a specific allegation, it is deemed admitted.
Determine Your Deadline
CPLR 320(a): 20 days if served personally in New York, 30 days if served outside NY or by substituted service. Count from the date of completed service.
Respond to Each Paragraph
Go paragraph by paragraph. Admit, deny, or deny knowledge sufficient. Include affirmative defenses separately. Common NY defenses: lack of standing (RPAPL § 1302), failure to comply with RPAPL § 1304 (90-day pre-foreclosure notice), and statute of limitations.
Verify the Answer
Your Answer must be verified — meaning you sign it before a notary public swearing the facts are true to the best of your knowledge. CPLR 3020 requires verification.
File and Serve
File with the NY Supreme Court clerk in the county of the property. No fee for filing an Answer. Serve a copy on plaintiff's attorney by mail. The court will schedule a foreclosure settlement conference under CPLR 3408.
| Deadline | 20 days (personal in NY) or 30 days (outside NY/substituted) |
| Court | New York Supreme Court (county of property) |
| Filing Fee | None for Answer |
| Key Statute | CPLR 3018, 3020, 3408; RPAPL § 1302, 1304 |
| Mandatory Conference | Yes — CPLR 3408 settlement conference after filing |
New York requires specific, verified responses. Do not delay.
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