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Call your mortgage servicer today, even if you have missed a payment already. Explain whether the hardship is temporary or ongoing, ask which loss-mitigation programs you can apply for, and request the application steps in writing. Gather your income and expense records, open every notice, and contact a HUD-approved housing counselor. If you have received legal papers or foreclosure appears imminent, obtain local legal advice promptly. The Consumer Financial Protection Bureau (CFPB) and the U.S. Department of Housing and Urban Development (HUD) both emphasize early action; waiting rarely improves your choices.
What to do in the next 24 hours
- Call the servicer using the number on your mortgage statement. Tell the representative that you are behind, or expect to miss a payment, and describe the reason. State whether you expect the problem to be temporary or continue. Ask to speak with the loss-mitigation or home-retention department.
- Ask for every option you may qualify for. Request the name of each program, eligibility rules, documents required, deadlines, and the amount you would pay now and later. Ask how to submit a complete application and how the servicer will confirm receipt.
- Keep a written record. Note the date, time, representative’s name or identification number, promised follow-up, and any reference number. Save letters, emails, payment confirmations, and copies of everything you send.
- Open all mail and answer calls. A delinquency notice can contain a response deadline or legal information. Do not assume a generic foreclosure timeline applies to your state or loan.
- Book free counseling. A HUD-approved housing counselor can help organize your information, explain terminology, and compare proposals. Call HUD at 800-569-4287 or use the CFPB/HUD housing-counselor locator. The CFPB also lists the HOPE Hotline at 888-995-HOPE.
These steps do not guarantee an approval or stop foreclosure automatically. They put you in contact with the people who can confirm your loan’s rules and available relief.
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Prepare a complete hardship packet
Servicers commonly need enough information to evaluate income, expenses, assets, the mortgage account, and the event that caused the hardship. Preparing the packet before your next call reduces back-and-forth and helps a counselor spot missing items.
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- Recent pay statements, benefit statements, or other proof of income for every borrower.
- Recent bank or investment statements and a list of available assets.
- A household budget showing essential expenses, debts, insurance, taxes, and any support obligations.
- Your mortgage statement, loan number, property address, and details of any other liens.
- A short, factual hardship explanation: what changed, when it changed, whether the change is temporary, and what payment you can realistically afford.
- Notices from the servicer, court, trustee, or government agency, with envelopes when the postmark may matter.
Submit carefully
Follow the servicer’s stated format and deadline. If documents are uploaded, save the confirmation screen; if faxed, keep the transmission receipt; if mailed, use a trackable method. Ask what makes an application “complete,” because an incomplete package may not receive a full evaluation. Continue answering reasonable requests for updated documents while the review is pending.
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Loss-mitigation options to discuss
A servicer may evaluate one or more of the following approaches. Availability and terms depend on your loan type, the investor or insurer, the hardship, your finances, and applicable rules. None is automatic, and a proposal is not final until you receive and accept the servicer’s written terms.
| Option | How it generally works | Questions to ask before accepting |
|---|---|---|
| Repayment plan | The past-due amount is spread across additional payments while your regular payment continues. HUD describes this as a possible FHA home-retention option. | How much is added to each payment, for how many months, and what happens if you miss a payment under the plan? |
| Forbearance | Payments are temporarily paused or reduced, followed by an arrangement to address the missed or reduced amounts. A pause does not erase the debt. HUD lists forbearance among FHA home-retention options. | When do full payments resume? Is the deferred amount due in a lump sum, spread over time, or handled another way? Are interest, escrow, or fees added? |
| Loan modification | If approved, the servicer changes one or more loan terms to make payments more manageable. The CFPB identifies modification as a possible option. | What will the new payment, interest rate, term, balance, and total amount paid be? How are arrears, fees, and escrow shortages treated? |
| Refinance | A new loan replaces the existing one in circumstances where a borrower qualifies. A delinquent borrower should not assume approval. | Will the lender consider the delinquency? What rate, closing costs, term, and total interest apply, and could the payment rise later? |
| Short sale | The home is sold for less than the mortgage balance with the servicer’s approval when keeping the home is not feasible. | Who pays selling costs? Will the servicer waive any remaining balance, and will that promise be in writing? What tax or credit effects require advice? |
| Deed-in-lieu of foreclosure | You voluntarily transfer the property to the servicer instead of going through a foreclosure process, subject to approval and conditions. | What liens must be cleared, when must you move, and is any remaining debt waived in writing? Obtain independent advice before signing. |
FHA borrowers should specifically ask about FHA loss-mitigation pathways. A program described for FHA loans should not be assumed to apply to conventional, VA, USDA, or other loans.
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How to compare a proposal
Do not judge an offer solely by its first monthly payment. Put the servicer’s written proposal beside your current statement and use a counselor to check the math.
- Payment now and later: Identify the amount due immediately, the regular payment after the plan, and any later step-up.
- Total debt: Determine whether missed payments, escrow shortages, legal costs, or other charges are added to the balance or remain separately due.
- Interest and fees: Ask which fees are charged, whether interest continues during a pause, and whether costs are capitalized.
- Length and end point: Note the number of payments, maturity date, and any balloon or lump-sum amount.
- Home-retention result: Confirm whether the plan keeps the loan in place, requires a sale, or transfers the property.
- Conditions: List documents, trial payments, deadlines, insurance requirements, and any requirement to withdraw another application.
- Consequences: Ask which credit-reporting, tax, or deficiency issues may arise. A qualified tax professional or attorney should review consequences that depend on your facts and state.
Only the servicer can confirm its offer and requirements. A counselor can help you understand and compare the terms but cannot approve a modification.
Foreclosure timing: what the 120-day rule does and does not mean
According to CFPB foreclosure-avoidance guidance last reviewed in 2026, a mortgage servicer generally cannot make the first foreclosure notice or filing until the borrower is more than 120 days behind. “Generally” matters: the federal baseline is not a promise that you have 120 days to wait, and it does not describe every exception, loan, bankruptcy situation, or state procedure.
HUD notes that foreclosure timelines vary by state. Once you receive a breach letter, notice of acceleration, summons, complaint, trustee notice, or other legal paper, read every page and calendar the response date. Contact a qualified local attorney or legal-aid provider immediately; do not rely on an online timeline from another state.
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When to involve a lawyer
Seek legal help promptly if you have been served with court papers, received a sale date, face imminent foreclosure, believe the servicer made a serious error, or are considering a short sale or deed-in-lieu with unresolved debt. Bring the entire loan file, payment history, notices, and any loss-mitigation correspondence. Legal-aid eligibility varies by location and income, so ask the counselor or state bar referral service about local providers.
Recognize foreclosure-rescue scams
Legitimate help does not require you to surrender control of your mortgage or property. Be cautious when someone:
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- It can be a gift option
- Comes with secure packaging
- Helpful in various ways
- Demands an upfront fee before providing help.
- Guarantees a modification or promises to stop foreclosure regardless of your circumstances.
- Orders you to stop paying the servicer or to send payments to an unfamiliar person or company.
- Asks you to sign over the title, transfer ownership, or sign documents you do not understand.
- Pressures you to act immediately or discourages contact with your servicer, counselor, or attorney.
CFPB and HUD identify servicers and HUD-approved counselors as sources of free or low-cost assistance and warn that rescue firms may charge substantial fees for services available free. Never sign away property rights without independent advice. If you suspect fraud, preserve advertisements, texts, contracts, payment records, and names, then report the matter to the appropriate state or federal authority while continuing to address the underlying mortgage deadline.
State, local, and loan-specific assistance
USAGov points borrowers toward state and local resources, but a program’s availability and eligibility can change. Your location, income, loan type, property occupancy, and hardship may all matter. Ask a HUD counselor to identify current programs and verify requirements directly with the administering agency. Do not assume that assistance offered in one state, county, or city applies elsewhere.
A practical seven-day action plan
- Day 1: Call the servicer, explain the hardship, request loss-mitigation options, and ask for written instructions.
- Day 1–2: Assemble income, expense, asset, loan, and hardship documents. Create a contact log.
- Day 2: Schedule a HUD-approved counseling appointment using 800-569-4287 or the official locator.
- Day 2–3: Read every notice and mark each stated deadline. If legal papers arrived, contact local legal aid or an attorney immediately.
- Day 3–5: Submit the requested package in the required format and retain proof of delivery.
- Day 5–7: Confirm the servicer received a complete package, ask when a decision or acknowledgment is expected, and respond to missing-document requests.
- Every day: Keep insurance in force, monitor mail and account activity, and avoid sending money or signing documents based solely on an unsolicited promise.
This is general U.S. information, not a case-specific legal or financial determination. Your servicer can confirm loan eligibility and terms; a HUD counselor can help organize choices; and a qualified local attorney or tax professional can address state-specific legal, deficiency, or tax questions.
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