This notice of sale can be used to provide the statutorily required notice that real property in New York will be sold at a foreclosure sale. This template contains practical guidance and drafting notes. Before real property in New York can be sold at a foreclosure sale, notice of sale must be published and posted as prescribed by N.Y. Real Prop. Acts. Law § 231(2). The notice must contain: • The time of the sale • The place of the sale • A description of the property to be sold The rules for publication and posting of the notice of sale vary depending on where the real property to be sold is located. Publication may be made: • Once a week for four successive weeks before the original date fixed for the sale. If this four-week time period is chosen, the sale must then take place on or after the 28th day, but no later than the 35th day, after the date of the first publication. –or— • At least twice each week for three successive weeks before the original date fixed for the sale. If this three-week time period is chosen, the sale must take place on or after the 21st day, but no later than the 28th day, after the first day of publication. N.Y. Real Prop. Acts. Law § 231(2). In New York City, it is customary to publish notice twice weekly for three weeks if the property to be sold is located. This is because there are many daily newspapers published in New York City. The notice of sale must also be mailed to those parties entitled to receive it. These are: • Any party that has filed a (general) notice of appearance. • Any party that has filed a notice of appearance and waiver but reserved the right to notice of sale (which is typical). • Any party that has interposed an answer, even though stricken by court order. • Any party who has appeared in some other way, such as by sending a letter which might be the equivalent of an appearance, all as addressed by the elusive case law decisions For more information about foreclosure of real property in New York, see Commercial Mortgage Foreclosure (NY), Foreclosure Resource Kit (NY), and Residential Foreclosure Alternatives (NY); see also Bergman on New York Mortgage Foreclosures §§ 27.01 through 27.13.