According to federal laws, a lender cannot start foreclosure proceedings until the borrower is over 120 days delinquent on their payments. 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.To be able to foreclose on the home, the debtor must be behind on the mortgage payments. This Residential Foreclosure Actions Consumer Bill of Rights provides guidance to homeowners facing foreclosure in New York. Our Alabama foreclosure attorney has a lot of experience helping clients facing foreclosure. Grainger Law will make your options clear. Among the most prominent features of the current housing crisis has been an unprecedented jump in the incidence of mortgage delinquencies and foreclosures. A copy of the notice of default and foreclosure sale shall be published once a week during 3 successive calendar weeks before the date of the foreclosure sale. Debtors must also file a debt repayment plan that identifies three types of claims: priority, secured, and unsecured. You are current on your mortgage payments.