Foreclosure filing, active case, scheduled sale: what each means

A filing means a lender started a case. A judgment means the court fixed the debt and allowed a sale. A scheduled sale means an auction has been noticed. Many cases stop between these steps, and the gaps can be years.

Reviewed

StageWhat it meansWhat it does not mean
Notice of pendencyA claim against the property was filedThat the owner is behind today, or that a sale is coming
Summons and complaintThe foreclosure case has startedThat it will reach judgment
Order of referenceA referee will compute the amount owedThat a sale is scheduled
Judgment of foreclosure and saleThe court fixed the debt and authorised a saleThat an auction date is set
Notice of saleAn auction date has been publishedThat it will go ahead; sales are often adjourned
Stayed or discontinuedThe case is paused or overThat the debt is gone

A notice of pendency in New York lasts three years unless extended, so an old one may not mean a live case. Always read the latest docket entry.

This guide explains public records. It is not legal advice; confirm anything you rely on with the court, the agency or a lawyer.

See open cases by stage