New York is a judicial foreclosure state, which means that the lender has to sue the borrower in order to enforce their rights under the mortgage and note. The Plaintiff files a foreclosure lawsuit to ask the court to sell the home to repay the mortgage debt.If you're about to lose your home, you need to act fast. Contact our New York attorneys in The Bronx at (718) 354-8027 for your foreclosure defense options. After filing, home foreclosure will be stopped as well as any efforts to collect your debt. This office, (located in room 121) is designed to help litigants who do not have attorneys navigate the court system. Your lender may be able to offer you an alternative to foreclosure. A mortgage lender or servicer usually cannot begin a foreclosure lawsuit until the borrower is more than 120 days past due on their mortgage payments. This website is a Legal Advertisement. Notice of foreclosure.