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1Repair Windows errors before they cause bigger problems2Scan for outdated or missing drivers - takes under a minute3Clear out junk files and repair common Windows errorsIf you cannot make your mortgage payment, contact the mortgage servicer immediately—ideally before the payment is missed. Explain whether the hardship is temporary or ongoing and ask what loss-mitigation programs you can apply for. Depending on your loan, finances, investor requirements and state law, you might be offered a repayment plan, forbearance, loan modification or refinance, or you might need an approved short sale or deed-in-lieu of foreclosure.
Do not ignore calls, letters or court papers. The Consumer Financial Protection Bureau (CFPB) says a legal foreclosure process generally cannot begin until a loan is at least 120 days delinquent, but that is not a guaranteed grace period. Once proceedings begin, the schedule and required notices vary by state. A HUD-approved housing counselor can help you prepare an application and communicate with the servicer at little or no cost.
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What to do as soon as you expect a missed payment
Calling early gives the servicer more time to review alternatives and gives you time to gather documents. The CFPB’s plain-language advice is: “If you can’t pay your mortgage or are worried about missing a mortgage payment, call your mortgage servicer right away.” Use the telephone number on your monthly statement or the servicer’s official website, not a number supplied by an unsolicited caller.
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Repair Windows errors before they cause bigger problemsFix Now →Scan for outdated or missing drivers - takes under a minuteDriver Scan →- Call before the due date if possible. State the date you expect trouble, the amount you can pay, and whether the cause is a temporary setback or a lasting change in income or expenses.
- Ask which assistance programs are available. Request the exact forms, deadlines and supporting documents for each option. Ask whether the servicer has a designated loss-mitigation contact.
- Describe your complete financial picture. Be ready to discuss household income, regular expenses, assets, debts and the reason for the hardship.
- Submit a complete application promptly. Keep a copy of every form, attachment and delivery confirmation. Write down the date, representative’s name, case number and promises made during every call.
- Continue monitoring the account. Open all mail and electronic messages, answer requests for information and tell the servicer when your contact details change.
Making a partial payment without an agreed plan may not stop delinquency or foreclosure activity. Ask how any payment will be credited before sending it, and get the terms of an approved arrangement in writing.
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What usually happens after you fall behind
Federal servicing rules establish general communication points, but they do not create one nationwide foreclosure schedule. The following milestones are general CFPB guidance for most covered mortgages.
| Milestone | General requirement or expectation | What you should do |
|---|---|---|
| After delinquency begins | The servicer generally must try to contact you within 36 calendar days. | Answer the call or contact the servicer yourself; provide a reliable phone number and mailing address. |
| Within 45 calendar days after delinquency | The servicer generally must send written information describing examples of loss-mitigation options and how to apply, and must have procedures for assigning a point of contact. | Read the notice carefully and ask for any missing application forms or instructions. |
| At least 120 days delinquent | A legal foreclosure process generally cannot start before this point under CFPB guidance, subject to applicable exceptions and loan rules. | Do not wait for day 120. Seek counseling, submit a complete application and obtain legal advice if you receive a notice. |
| After a foreclosure case starts | Notice, court steps, mediation availability and the time to a sale depend on state law and whether the process is judicial or non-judicial. | Read every deadline and contact a local attorney or legal-aid provider immediately. |
The 120-day threshold is a limit on when the legal process can generally start, not a promise that you will have 120 days from the first missed payment to solve the problem, and not a prediction of when a sale will occur. Servicers can send collection communications and work on loss mitigation before filing. State law, the loan type and the investor or guarantor can change the details.
Options that may let you keep the home
Eligibility is decided after the servicer reviews your complete information. Ask for the proposed terms in writing and calculate whether the resulting payment is sustainable after the arrangement ends.
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Loan modification
A modification changes one or more loan terms to make payments more manageable. The change might involve the interest rate, payment structure, maturity date or treatment of past-due amounts. Before accepting, compare the new principal balance, interest rate, monthly payment, total term, fees and any amount added to the balance. A lower payment can still cost more over the life of the loan if the term is extended or unpaid amounts are capitalized. A modification is not automatic simply because you document a hardship.
Repayment plan
Under a repayment plan, the past-due amount is added in part to your regular installments for a period. You remain in the home and catch up gradually, but the temporary payment is higher than the contractual payment. Confirm the exact end date, the amount due each month, how late fees and escrow are handled, and what happens if you miss a plan payment. The loan may continue to be reported delinquent until the required amounts are repaid.
Forbearance
Forbearance temporarily pauses or reduces payments; it does not forgive them. Ask in writing how the missed amount will be repaid, whether interest continues to accrue, whether the loan term will be extended, whether the payment will rise later and whether a lump sum will be due at the end. Do not assume that a lump-sum payoff is the only or the default method—different agreements use different structures. Do not resume normal payments until you understand the complete schedule and have confirmed the arrangement with the servicer.
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Refinance
Refinancing replaces the existing mortgage with a new loan that pays it off. It may lower the payment or change the term, but approval normally depends on income, credit, equity, debt and documented ability to repay. A borrower already in financial distress may not qualify, and closing costs or a longer term can increase total interest. Compare the new loan’s full cost with the cost of an approved modification or repayment plan before applying.
Options that involve leaving the home
Short sale
In a short sale, the home is sold for less than the mortgage balance, with the required approvals. You leave the property and the sale proceeds go to the mortgage debt. Approval does not automatically answer whether you owe a remaining deficiency. Obtain a written statement addressing any deficiency, fees, liens and the date by which you must vacate, and have a qualified local adviser review it before signing.
Deed-in-lieu of foreclosure
A deed-in-lieu transfers the property to the lender or servicer if it accepts the transfer to resolve the default. It can avoid a completed foreclosure sale, but acceptance is discretionary and other liens or obligations may remain. The written agreement should state whether the mortgage debt is fully waived, how subordinate liens are treated, who pays taxes and insurance, and when you must move. Confirm the effect with a local attorney or housing counselor because results vary by loan and jurisdiction.
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Foreclosure
If no loss-mitigation option is approved and the default continues, the servicer may pursue foreclosure under state procedure. Judicial foreclosure uses a lawsuit; non-judicial foreclosure follows a statutory notice and sale process without the same type of court case. Some states offer mediation or other protections. A foreclosure can lead to loss of the home and may leave a deficiency or other costs depending on state law and the loan documents. Only a local professional can assess those consequences for your case.
Compare an offer before you accept it
Use the servicer’s written proposal to fill in the exact figures. These are the practical questions to compare across common paths.
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| Option | Can you remain in the home? | How missed payments are handled | Payment impact | Term or lump-sum issue | Approval and legal points |
|---|---|---|---|---|---|
| Loan modification | Usually, if approved and kept current | May be added to the balance or otherwise restructured under the agreement | New payment and costs are set by the modified terms | Term, balance and interest may change | Servicer review and eligibility required |
| Repayment plan | Yes, while the plan is maintained | Past-due amount is added in part to regular payments | Higher payment during the catch-up period | Plan has a defined repayment period; no standard structure applies to every loan | Confirm reporting and consequences of a missed plan payment |
| Forbearance | Yes, temporarily | Reduced or skipped payments remain owed | Lower or zero payment during forbearance; later payment depends on the agreement | May extend the term, increase later payments or require a lump sum; interest may accrue | Get the repayment method in writing |
| Refinance | Yes, with a new loan | Existing loan is paid off by the new mortgage | New rate, term, closing costs and payment apply | New term can change total interest | Separate underwriting and ability-to-repay review |
| Short sale | No; the property is sold | Sale proceeds are applied as approved | No future mortgage payment after closing, but moving and other costs apply | Written approval must address any remaining debt | Servicer and other lienholder approvals may be required |
| Deed-in-lieu | No; ownership is transferred | Handled according to the transfer agreement | No regular mortgage payment after transfer, subject to the agreement | Written waiver of remaining debt must be confirmed | Servicer acceptance and lien review are required |
Build a complete loss-mitigation application
A servicer generally cannot evaluate every available option until it has the requested information. Requirements differ, but organizing the following items can prevent avoidable delays:
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- Recent pay stubs, benefit statements or other proof of income for every contributing household member.
- Recent bank and investment account statements, if requested.
- A list of monthly expenses, debts, dependents and assets.
- A written hardship explanation stating what changed, when it changed and whether you expect the problem to be temporary or permanent.
- Tax returns or other documents listed on the servicer’s application.
- Copies of the mortgage statement, property-tax and insurance information when requested.
Send documents through the method the servicer specifies and retain proof of delivery. If the servicer says the package is incomplete, ask for a precise missing-item list and a deadline. Resubmit promptly and keep a dated log. A complete application and timely response can affect what protections and reviews are available, but submitting one does not guarantee approval.
Protect yourself from foreclosure-rescue scams
Legitimate counseling and loss mitigation do not require you to surrender control of your property. Treat these demands as warning signs:
- An upfront fee before any service is provided, or a guarantee that foreclosure will be stopped.
- Instructions to stop paying your servicer or to send mortgage payments to an unfamiliar company.
- A request to sign over the deed or title, sign documents with blank fields, or move out immediately.
- Pressure to sign without time to read the agreement or obtain independent advice.
- Promises of a government program without a written explanation of eligibility and costs.
Do not sign a deed, sale contract or modification supplied by a third party until a qualified adviser reviews it. Contact your servicer directly to verify any claimed program, and report suspected fraud to the appropriate authorities.
Get independent help
HUD-approved housing counselors can explain loss-mitigation applications, help you prepare a budget and communicate with the servicer. The CFPB lists the HOPE Hotline at (888) 995-HOPE (4673) and a HUD counselor-lookup service; verify current hours and contact methods when you call. Counseling is generally available at little or no cost.
If you receive a summons, complaint, notice of sale or other legal paper, identify the response deadline and contact a local foreclosure attorney or legal-aid organization immediately. A counselor can help with the financial application, but only a lawyer licensed in the relevant state can advise on defenses, deficiency liability, bankruptcy or the effect of a proposed deed or sale.
Questions to answer before choosing a path
- Is the hardship temporary, or has the household’s income permanently changed?
- What monthly payment can you afford after essential expenses, taxes, insurance and any repayment amount?
- Will the proposal increase the balance, extend the term, add interest or require a lump sum?
- Does the written agreement state what happens to late fees, escrow shortages, credit reporting and remaining debt?
- Can you realistically maintain the home, or would an approved sale or transfer reduce the long-term damage?
Bottom line
Missing a mortgage payment starts a problem that becomes harder to solve as delinquency grows, but it does not mean foreclosure is immediate. Call the servicer now, submit a complete application, keep every record, and use a HUD-approved counselor. Treat 120 days as a general federal filing threshold—not a waiting period—and obtain local legal advice as soon as formal foreclosure papers arrive. The right choice depends on your loan, finances and state, and every proposed payment or debt waiver should be confirmed in writing before you agree.
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