Market hub
This brief is part of our New York City intelligence hub.
Pre-foreclosure leads in New York City come from lis pendens filings — the notice a lender records with the county clerk when it starts a judicial foreclosure case. Because New York foreclosures run through the courts and routinely take more than a year, that filing gives brokerages an unusually long window to reach an owner while a conventional sale is still their strongest option.
That long runway is the single most misunderstood fact about NYC distress prospecting. Here is how to use it.
What is a lis pendens and why is it the signal that matters?
New York is a judicial foreclosure state: a lender cannot foreclose without filing a lawsuit. The lis pendens ("suit pending") notice is recorded with the clerk of the county where the property sits — New York County for Manhattan, Kings for Brooklyn, Queens, Bronx, and Richmond for Staten Island — and it is public from day one.
Everything before the lis pendens is private. New York requires lenders to send borrowers a 90-day pre-foreclosure notice before filing, but that notice goes to the borrower, not the public record. So the lis pendens is the first moment an outside professional can see the case — and the case is just beginning.
How long does a New York foreclosure actually take?
Longer than almost anywhere in the country. After filing comes the mandatory settlement conference process, motion practice, a judgment of foreclosure and sale, and finally a scheduled auction. Court backlogs in the five boroughs stretch this further. More than a year from lis pendens to auction is normal; multi-year cases are common.
For a brokerage this changes the economics of the lead entirely:
- The owner has time. Unlike a Massachusetts owner staring down a months-long non-judicial clock, an NYC owner at lis pendens can list, market properly, and close a conventional sale — often with equity left over.
- The lead has a long working life. A filing your team logs this quarter is still workable next quarter. Persistence and a real follow-up cadence beat one-shot postcards.
- Most competitors get bored. Investor mailers cluster in the first weeks after a filing. An agent still calling with useful information in month four frequently has the conversation alone.
What does a useful first conversation look like?
An owner named in a foreclosure case is stressed, often embarrassed, and usually buried in mail from cash buyers. The agents who convert this lead type lead with information, not an offer: what stage the case is in, what the settlement conference is for, how much time the owner realistically has, and what a market listing would likely return versus a distress sale. Be the one caller who explains the process. That is the entire differentiation.
How does Firston Sight track NYC pre-foreclosure filings?
Firston Sight treats pre-foreclosure and foreclosure filings as one of its fresh-filing categories, drawn from roughly the last 30 days of activity. For a New York team the workflow is:
- Own your ZIPs — check availability on the Territories map. NYC coverage is by ZIP, so a Brooklyn team and a Queens team are working different inventory.
- Open Firston Sight in an owned ZIP, select the pre-foreclosure situation (add REO / bank-owned and auction if you work those too), and review what is in the ZIP right now.
- Add the properties you want. They drop into your team's queue with owner contact details attached. LLC ownership — everywhere in NYC — can be unmasked to reach the principal on title.
When a pre-foreclosure property also shows recent building-permit activity, it is flagged as a Duel Signal and pinned to the top of the queue. An owner spending money on a property they are being sued over is preparing the asset to sell or refinance. Either way, that is the first call of the day.
Contacts come from licensed national property-data and skip-trace providers, delivered inside the platform — 2 credits per Add on Shared ($199 per month, 80 credits) and Premier ($399, 180 credits), free on Exclusive ($1,299, 300 credits) up to roughly 2,500 properties per ZIP per month. Details on the tiers page.
The compliance section your broker wants you to read
Two rules keep this whole category of prospecting clean, and they are not optional.
Fair housing. Distress prospecting targets a property's filing status — a recorded foreclosure notice, a probate case number, a tax delinquency, a vacancy flag. It never targets who the owner is. Filtering or messaging by race, religion, national origin, familial status, disability, or any other protected class is illegal and indefensible. Filing status only.
Contact compliance. A lead record is not consent to contact. Your team owns compliance with the Telephone Consumer Protection Act (TCPA), the Do-Not-Call registry, and CAN-SPAM for every call, text, and email it sends. Scrub against Do-Not-Call before dialing, honor opt-outs immediately, and keep records. Ziplytica delivers the data; the outreach obligations are yours. More detail on the frequently asked questions page.
Frequently asked questions
Is a lis pendens the same thing as a foreclosure?
No. A lis pendens is the notice that a foreclosure lawsuit has been filed. The owner still holds title, the case can settle, the loan can be reinstated or modified, and the owner can sell. It marks the start of a long judicial process, not its outcome.
How long do I have to work a pre-foreclosure lead in NYC?
Usually a year or more from the lis pendens filing to any auction, given New York's judicial process and court backlogs. Timelines vary case by case, so treat every lead's stage individually — but this is the longest runway of any major foreclosure market.
Can I contact an owner whose property has a lis pendens?
The filing is public and reaching out is legal, but standard contact rules apply in full: Telephone Consumer Protection Act compliance, Do-Not-Call scrubbing, and honest, non-predatory messaging. A lead record is never consent to contact.
Which boroughs does Ziplytica cover?
Coverage is ZIP-by-ZIP within the New York City launch metro, and specific ZIPs may be claimed already. Look up yours on the Territories map — the free preview covers up to 3 ZIPs, which maps well to a neighborhood-focused NYC team.
Do you provide the court documents?
Firston Sight delivers the property, the seller situation, and owner contact details into your queue. It is workflow software, not a document warehouse — for pleadings you would go to the court record. What you get is the signal, in your ZIP, with a phone number, while it is fresh.
Check your ZIP before someone else does
Ziplytica coverage is territory-scoped, not nationwide. The first step is always the same: open the Territories map and see whether the ZIP codes you work are open, shared, or already claimed.
You can run a free preview in up to 3 ZIPs before paying anything. If the preview convinces you, plans on the tiers page start at $199 per month, and the Founding Pilot code FOUNDINGPILOT takes 25% off your first 3 months. Annual billing saves a further 20%.
Own your ZIP
Compare live permit activity across your target ZIPs on the Territories map.
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