Mortgage foreclosure generally proceeds through which process?

• A. Private sale
• B. Arbitration
• C. Foreclosure through court
• D. Administrative action

Answer: (C)

Foreclosure through court. In New York, mortgage foreclosures are typically judicial actions where the lender sues in court to obtain a judgment of foreclosure and an order of sale. The court oversees the process to protect due process rights: the borrower receives proper notice, can raise defenses, and the sale is conducted under court supervision. After the judgment, the property is sold, usually at a public auction, with proceeds applied to the loan. This court-supervised path reflects the traditional method for enforcing a mortgage lien, as opposed to nonjudicial methods like private sales, arbitration, or administrative actions, which aren’t the standard route for foreclosing real property in this context.