All Laws Decoded

How to Stop or Avoid Foreclosure

Federal consumer agencies say the first step is to contact your mortgage servicer as soon as you expect trouble paying, and to consider a free or low-cost HUD-approved housing counselor. Servicers may offer "loss mitigation" options such as forbearance, a repayment plan, a loan modification, a short sale, or a deed-in-lieu of foreclosure. Federal rules generally bar a servicer from starting foreclosure until a loan is more than 120 days delinquent, and add protections when a complete loss mitigation application is submitted early enough.

What the law says

FAQ

Who should I call first?
Your mortgage servicer. The CFPB says to call as soon as you know you can't make your monthly payment, and suggests free help from HUD-approved housing counselors if you can't get what you need from your servicer.
Can my servicer start foreclosure while I'm being evaluated for help?
The CFPB says the servicer can't start foreclosure while you're being evaluated, and that the earlier you complete the application, the more protections you get.
Is it ever too late to apply for loss mitigation?
Federal rules tie the strongest protections to timing. A complete application received more than 37 days before a scheduled foreclosure sale must be evaluated, and the sale generally cannot go forward while it is pending. Those two federal requirements are written for complete applications received more than 37 days before the sale, so acting early matters; state rules may also apply.
Can I appeal if my servicer denies a loan modification?
If the servicer receives a complete application 90 days or more before a foreclosure sale (or during the pre-foreclosure review period), it must let you appeal a denial of any trial or permanent loan modification program.
What options let me leave the home without a foreclosure?
The CFPB describes selling, a short sale, and a deed-in-lieu of foreclosure, and says these are typically cheaper, faster, and less damaging to credit than foreclosure.
Where can I find a housing counselor or legal help?
USAGov points to HUD's directory of HUD-approved housing counseling agencies, which offer free foreclosure prevention services, and to its legal aid directory for low-cost legal help.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.