Key Terms

Lis Pendens or “LP” is a document filed with the court that notifies the public there is a legal action pending against the property.
John Doe and Jane Doe, sometimes referred to collectively as “Does” – Unknown persons at the premises who must be notified of the action such as family members, tenants, or other occupants.
“Property Address” is the address of the property being foreclosed on.
“Alternate Address” is an address, other than the property being foreclosed on, where a defendant may live.
“Homeowner Notice” is a notice that is to be attached to a foreclosure action on colored paper that outlines the rights of the homeowners in the action.
“Tenant Notice” is a notice that is either mailed to the tenants of a premises or posted to the entrance and exit doors of the Property Address notifying tenants of the pending foreclosure and their rights

Methods & Timing of Service

A foreclosure summons is served the same as any other summons.
The foreclosure summons must contain certain additional language as required by RPAPL 1320. Your Affidavit of Service should reflect that this language was present.
At least one of the homeowners must be served within 30 days of the filing date to preserve the LP. If the LP is not preserved, it can become very costly for your client because they must conduct new title searches and may have to issue a new summons and complaint.
Service on all other defendants must still be completed within 120 days of the filing date.
When serving a foreclosure, it is important to take note of several key things to report back to your client, namely:
- Is the property vacant? What leads you to believe it is vacant?
- Is the property listed for sale? If so, who is the realtor?
- How many units/apartments are in the building?

When serving a Property Address, you’ll need to serve all Does at the premises. A Doe is any adult that is occupying the Property Address that is not already listed as a defendant.
An easy way to remember is to serve anyone that DOES live there.
When serving a Property Address that has multiple units, you’ll need to attempt each unit or apartment for Does.
You should ask the person served if there are any other adults and their names.
If you’re doing service by Nail & Mail, you’ll want to post a copy for John Doe and Jane Doe as well.
You will typically create a separate affidavit for each "Doe" served and number them.
As always, each individual attorney and agency has their own way of doing things, so always refer to the instructions you’re given.

You can see an example by clicking here.
The notice outlines the rights of the homeowner in the foreclosure process.
Should be printed on colored paper. Any color besides white is fine, but the attorney is almost always going to tell you a specific color to use.
This should be included in the foreclosure documents that you serve just under the summons or as the top page.
Your Affidavit of Service should indicate that this notice was served together with the summons and complaint. The recommended language to use on your affidavit is "together with the notice required by RPAPL Section 1303 -- HELP FOR HOMEOWNERS IN FORECLOSURE -- which was printed on paper that differed in color of the summons and complaint, in bold 14-point type, with the title in bold 20-point type".

This will typically be provided to you by the attorney.
The notice lets the tenants of the premises know their rights in the foreclosure process.
This should also be printed on colored paper, any color besides white, but the attorney will likely specify a color.
If the Property Address has less than 5 units:
- Send by First Class and Certified Mail, Return Receipt Requested, to each tenant whose name is known to you, at each unit.
- Send by First Class Mail to “Occupant” to each unit.
If the Property Address has 5 or more units: Post a copy of the notice to each entrance and exit of the building.