Separate Court Order
New York homeowners could get an automatic foreclosure pause
The bill would automatically pause a foreclosure sale once a homeowner files an appeal, instead of requiring a separate court order. The pause would last until the appeal ends unless the borrower gives it up.
New York homeowners facing foreclosure would not need to win a separate court order to keep a sale on hold during an appeal. The bill would make that pause automatic in foreclosure-and-sale cases, with an express waiver still allowed.
- Foreclosure sales would stop once an appeal is filed.
- The pause lasts until the appeal is decided or dismissed.
- Borrowers could still waive the protection.
- The change would take effect immediately.
- New York homeowners facing foreclosure would not need to win a separate court order to keep the property from being sold while they appeal
New York homeowners facing foreclosure would not need to win a separate court order to keep the property from being sold while they appeal. The proposal would automatically stay enforcement of a judgment of foreclosure and sale once the defendant files a notice of appeal.
That pause would last until the appeal is decided or dismissed. The act would take effect immediately.
A built-in pause, not a separate fight
The practical shift is simple: the auction cannot outrun the appeal. That gives borrowers more breathing room to challenge the judgment before the home changes hands.
The bill also leaves room for a defendant to waive the stay expressly, so the protection is automatic but not forced on someone who does not want it.