Facing Foreclosure?
If you've missed a payment, you're behind. You're not in foreclosure. For most home loans, the lender can't even file until you're more than 120 days behind. This guide explains what's happening and what to do.
You're not alone: 11.79% of FHA-insured mortgages were at least one payment behind in Q2 2026, according to the Mortgage Bankers Association's National Delinquency Survey.
What's your situation right now?
Get your state's foreclosure guide
Every state has different rules, timelines, and protections. Choose your state for a personalized guide with your options under your state's law.
What is foreclosure?
Foreclosure is the legal process a lender uses to take back your home when you stop making payments. It does not happen fast. In most states, it takes months — sometimes over a year.
There are multiple points where you can act to stop it or slow it down. The earlier you act, the more options you have.
Worried about losing your home? Tell me what's going on.
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What happens during foreclosure?
Every state has its own rules, but foreclosure follows the same general steps. Read the full walkthrough.
For most home loans, your lender can't make the first foreclosure filing until you're more than 120 days behind. That's federal law, with a few exceptions.
Once you're more than 120 days behind, the lender can file a formal A formal notice from your lender that you have fallen behind on payments and foreclosure may begin. This is a required step in most states. Learn more → . You'll get this by mail.
You have 30 to 120+ days to apply for a A permanent change to your mortgage terms — like a lower interest rate or longer repayment period — to make your monthly payment more affordable. Learn more → , arrange a Selling your home for less than you owe on the mortgage, with the lender's approval. Less damaging to your credit than a foreclosure. Learn more → , or pay what you owe.
If nothing is resolved, the home is sold at auction. The lender often buys it back.
Some states give you a A legal right to reclaim your home after foreclosure by paying the full amount owed within a state-set time window. Available in some states — check your state's page. Learn more → to reclaim the home. Others don't.
What are my rights?
Federal and state laws protect you during foreclosure. Read the full rights guide.
No. For most home loans, federal rules generally bar the first foreclosure filing until you are more than 120 days behind. During that time, a servicer that isn't a small servicer must try to reach you and send a written notice about help by day 45.
If you submit a complete A servicer's review of available alternatives to foreclosure, such as repayment, forbearance, modification, or a short sale. Learn more → application more than 37 days before a scheduled sale, the lender must review it first. They generally can't ask for a judgment or hold the sale while your application is pending. This is called the Foreclosure and loss-mitigation review happening at the same time. Federal rules restrict specified foreclosure actions when coverage, completeness, and timing conditions are met. Learn more → ban.
Yes. Most states give you the right to Paying all missed mortgage payments plus fees to bring your loan current and stop the foreclosure process. Learn more → — paying all missed payments plus fees to bring your loan current. The deadline varies by state.
Many states also have a A legal right in many states requiring lenders to give you a set number of days to catch up on missed payments before starting foreclosure. Learn more → — a required notice period to fix the problem before foreclosure starts.
Often, for a time, but not always. Filing for bankruptcy usually puts an A rule that takes effect when you file for bankruptcy and usually pauses foreclosure, debt collection, and lawsuits while it lasts. It can be short or missing if you had a case dismissed in the past year. Learn more → in place that can pause a foreclosure while it lasts (11 U.S.C. § 362(a)). If you had a bankruptcy case dismissed in the past year, the stay can end after 30 days or may not start at all (§ 362(c)(3)-(4)), and the lender can ask the court to lift it (§ 362(d)). A bankruptcy that lets you catch up on missed mortgage payments over 3-5 years if you can keep up the plan. The automatic stay generally pauses a foreclosure sale when the case is filed, with limits (11 U.S.C. § 362). Learn more → lets you catch up on missed payments over 3 to 5 years if you can keep up the plan, but only until the home is sold at the foreclosure sale (§ 1322(c)(1)). Learn more about bankruptcy.
What can I do right now?
Tell me what's going on
I'll connect you with someone who can help where you live: an attorney, an agent if you want to sell, or help keeping the house. It's free.
Call the number on your mortgage statement. Ask to speak with the A servicer's review of available alternatives to foreclosure, such as repayment, forbearance, modification, or a short sale. Learn more → department. Have your loan number ready.
“I'm having trouble making my mortgage payment. I'd like to talk about my options. My loan number is [your loan number]. Can you connect me with your loss mitigation department?”
Not all servicers handle distressed borrowers the same way. We track CFPB complaint records, response rates, and enforcement actions for 74 mortgage servicers, including Wells Fargo, Ocwen / Onity Group, Select Portfolio Servicing, Specialized Loan Servicing, Carrington Mortgage, and Fay Servicing. Several have faced CFPB enforcement actions for servicing violations.
Use the Servicer Report Card to look up your servicer, or browse the full servicer directory.
A temporary arrangement to pause or reduce mortgage payments. Missed amounts are not forgiven, and the acceptance and exit terms vary. Learn more → is a temporary pause or reduction in payments. It doesn't erase what you owe — you repay later — but it gives you time while your situation improves.
Best for short-term problems like job loss, medical emergency, or natural disaster.
Ask before you accept: "What are the repayment terms when forbearance ends?" Some plans require a A large lump-sum payment due at the end of a loan or forbearance period. Ask your servicer about alternatives like payment deferral. . FHA and Fannie/Freddie plans allow Moving eligible missed payments into a balance due later, often when you sell, refinance or pay off the loan, instead of requiring a lump sum now. Fannie Mae and Freddie Mac offer versions of it, and FHA uses a separate partial claim. instead.
A A permanent change to your mortgage terms — like a lower interest rate or longer repayment period — to make your monthly payment more affordable. Learn more → permanently changes your mortgage terms — lower rate, longer term, or reduced balance — to make payments affordable. Best for long-term income changes.
To apply: ask your The company that collects your monthly mortgage payments. This may not be the same company that originally gave you the loan. Learn more → for a loss mitigation application. You'll need a A formal letter to your mortgage servicer explaining your financial hardship and requesting relief options like forbearance or loan modification. Learn more → (use our free generator), income documents, bank statements, and tax returns. The Financial Worksheet can help you organize your budget.
If you owe more than your home is worth, a Selling your home for less than you owe on the mortgage, with the lender's approval. Less damaging to your credit than a foreclosure. Learn more → lets you sell for less with the lender's approval. It hurts your credit less than foreclosure and may avoid a A court order requiring you to pay the difference between what you owed on your mortgage and what the home sold for at auction. Not allowed in all states. Learn more → .
It means signing your home over to your lender instead of going through foreclosure. Your lender doesn't have to agree, and whether you'd still owe the rest depends on your loan and what you sign.
The house belongs to the buyer, but your state still decides how soon you have to move out, whether you can buy it back, whether you owe the rest of the loan, and whether money from the sale is owed to you.
Many foreclosure defense attorneys offer free first meetings. An attorney can check if your lender followed the rules (proper notice, RESPA, no robo-signing). If they didn't, that can delay or stop the foreclosure.
Find free legal aid near you or visit lawhelp.org.
Filing usually pauses a foreclosure for a time, with limits for repeat filers, and A bankruptcy that lets you catch up on missed mortgage payments over 3-5 years if you can keep up the plan. The automatic stay generally pauses a foreclosure sale when the case is filed, with limits (11 U.S.C. § 362). Learn more → lets you repay missed payments over 3 to 5 years if you can keep up the plan. It's a serious step with long-term credit impact, and it doesn't work for everyone.
What if my sale date is within 30 days?
- Tell me your sale date. Use the form or call (888) 602-4161, and I'll connect you with someone who handles foreclosures where you live.
- Contact a foreclosure defense attorney today. Find legal aid or visit lawhelp.org.
- File a CFPB complaint if your servicer hasn't reviewed your application: consumerfinance.gov/complaint.
- Ask about A bankruptcy that lets you catch up on missed mortgage payments over 3-5 years if you can keep up the plan. The automatic stay generally pauses a foreclosure sale when the case is filed, with limits (11 U.S.C. § 362). Learn more → bankruptcy — filing usually puts an A rule that takes effect when you file for bankruptcy and usually pauses foreclosure, debt collection, and lawsuits while it lasts. It can be short or missing if you had a case dismissed in the past year. Learn more → in place that can pause the sale, though not for everyone (a case dismissed in the past year can shorten or cancel it).
- A HUD-approved housing counselor is free and can contact your servicer for you: 1-800-569-4287.
- Request a sale postponement from the A neutral third party who handles the foreclosure sale in non-judicial foreclosure states. Also manages bankruptcy cases. Learn more → or your lender in writing.
Does my state use courts for foreclosure?
Whether your state requires court involvement changes your timeline and options.
- Lender files a lawsuit in court
- A judge must approve the sale
- Can take 6-18 months or longer
- You can raise defenses in court
- States: FL, NY, NJ, IL, OH, and ~20 others
- Lender follows state rules — no court
- No judge reviews the sale
- Can finish in 2-6 months
- You must file a separate lawsuit to fight
- States: CA, TX, WA, GA, and ~25 others
What are the rules in my state?
Timelines range from a few weeks to over a year. We've built detailed guides for these states, with more coming.
Should I be worried?
Foreclosure starts before you miss a payment. It starts with the pressure that makes missing a payment feel inevitable. If any of these sound familiar, it may be time to seek help:
- You're using credit cards or retirement savings to cover mortgage payments
- You've missed a payment — or know you'll miss one soon
- Your adjustable rate is about to reset higher
- You owe more than your home is worth
- You've had a job loss, medical emergency, or divorce
- You've gotten a letter from your lender about missed payments
A A housing counselor approved by the U.S. Department of Housing and Urban Development. They provide free help with mortgage problems and can negotiate with your lender. can help before things reach crisis level.
Frequently Asked Questions
Can my lender foreclose right away?
Usually not. For most home loans, federal law says the servicer generally can't start foreclosure until you are more than 120 days behind, with a few exceptions. During that time, a servicer that isn't a small servicer must try to reach you and send a written notice about help by day 45.
What if I've applied for help?
If you submit a complete loss mitigation application more than 37 days before a scheduled sale, the lender must review it first. They generally can't ask for a judgment or hold the sale while your application is pending.
Can I catch up on payments to stop it?
Yes. Most states give you the right to reinstatement — paying all missed payments plus fees to bring your loan current. Many states also have a right to cure — a required notice period to fix the problem before foreclosure starts.
Does bankruptcy stop foreclosure?
Often, for a time, but not always. Filing for bankruptcy usually puts an automatic stay in place that can pause a foreclosure while it lasts (11 U.S.C. § 362(a)). If you had a bankruptcy case dismissed in the past year, the stay can end after 30 days or may not start at all (§ 362(c)(3)-(4)), and the lender can ask the court to lift it (§ 362(d)). Chapter 13 lets you catch up on missed payments over 3 to 5 years if you can keep up the plan, but only until the home is sold at the foreclosure sale (§ 1322(c)(1)).
What is forbearance?
Forbearance is a temporary pause or reduction in payments. It doesn't erase what you owe — you repay later — but it gives you time while your situation improves. Best for short-term problems like job loss, medical emergency, or natural disaster.
What is a loan modification?
A loan modification permanently changes your mortgage terms — lower rate, longer term, or reduced balance — to make payments affordable. To apply, ask your servicer for a loss mitigation application.
Protect yourself from scams
People in financial distress are prime targets for fraud. Know these rules:
Report fraud: CFPB · FTC · your state attorney general's office.
Is this happening to you?
Have you received a notice from your lender or servicer?
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The Bigger Picture
Foreclosure doesn't happen in isolation. The American Distress Index tracks foreclosure filing rates, mortgage delinquency, and early-stage missed payments. These are separate aggregate measures; their co-movement provides context but does not establish a fixed sequence from savings to foreclosure.
See the latest numbers: Foreclosure Statistics 2026 | Mortgage Delinquency 2026.