What rights do I have in foreclosure?

At least 120 days after your first missed payment. That's federal law (12 C.F.R. § 1024.41(f)). It applies whether foreclosure goes through a court or not.

That gives you about four months to explore options before the formal process begins.

Generally not, if your application is complete and on time. This is the dual tracking 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 (12 C.F.R. § 1024.41). If you submit a complete application more than 37 days before a scheduled sale, your servicer must:

• Confirm receipt within 5 business days
• Evaluate your options within 30 days
• Not ask for a foreclosure judgment or hold the sale while your application is pending
• Not ask for a judgment or hold the sale while you appeal a denial

The key word is "complete." An incomplete application does not trigger these protections. Ask your servicer exactly what documents they need.

Not always one person. By the time you are 45 days behind, your servicer must assign staff to your case, either one person or a team (12 C.F.R. § 1024.40). They must:

• Know the status of your application
• Connect you with people who can take action
• Provide documents you need

Most people never ask for this. Call and say: "Who is assigned to my case?" Write down the name and direct line.

They can't. A denial must include (12 C.F.R. § 1024.41(d)):

• The specific reason
• The amount to bring your loan current (if applicable)
• Instructions on how to appeal

"We can't help you" is not a legal answer. If you get that, request the written denial notice by name.

At 36 days late, they must try to reach you by phone (12 C.F.R. § 1024.39(a)). By 45 days late, they must send written information about options and HUD counselors.

These are legal requirements, not courtesy calls. If you never got them, that's a violation you can report.

Send a Notice of Error (12 C.F.R. § 1024.35) — for example, if they applied a payment wrong, charged bad fees, or started foreclosure too early. They must respond within set deadlines.

You can also send a Request for Information (12 C.F.R. § 1024.36). They must acknowledge within 5 business days and respond fully within 30 business days.

Send both in writing by certified mail. Use the address your servicer has listed for these requests — not the regular payment address.

• forbearance A temporary arrangement to pause or reduce mortgage payments. Missed amounts are not forgiven, and the acceptance and exit terms vary. Learn more → — Temporary pause or reduced payments. Best for short-term hardship. Ask: "What are the repayment terms when forbearance ends?"
• loan modification 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 → — Permanent change to your loan: lower rate, longer term, or reduced balance. Hardest to qualify for but the most powerful tool.
• Repayment plan — Pay extra each month until you're caught up. Simple to arrange if the hardship has passed.
• reinstatement Paying all missed mortgage payments plus fees to bring your loan current and stop the foreclosure process. Learn more → — Pay all missed payments plus fees in one lump sum. Available up to a point set by your state.

• short sale 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 → — Sell for less than you owe. Hurts your credit less than foreclosure and may avoid a deficiency judgment 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 → . Full guide.
• deed in lieu Voluntarily giving your home to the lender to cancel the debt and avoid foreclosure. Simpler than foreclosure, but you still lose the house. Learn more → — Hand the deed to the lender. Avoids the public foreclosure process. Often faster than a short sale.

Filing for bankruptcy usually puts an automatic stay 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, including one scheduled for that day (11 U.S.C. § 362(a)). It has limits. 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 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.

Many states give you a window — 20 to 120 days — to pay all past-due amounts and stop foreclosure. This is called "curing the default."

Check your state law guide or the state timeline page.

reinstatement Paying all missed mortgage payments plus fees to bring your loan current and stop the foreclosure process. Learn more → rights sometimes extend further than the right to cure 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 → . In some states you can reinstate up to the day of the sale.

Get the exact reinstatement amount in writing. It changes daily as interest and fees add up.

Some states give you a redemption period 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 → — typically 6 months to 1 year — to buy back your home by paying the sale price plus costs.

Post-sale redemption 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 → is most common in Midwest and Mountain West states. Most non-judicial states do not have it.

Connecticut, Nevada and New Jersey run statewide foreclosure mediation A meeting between you and your lender, with a neutral mediator, to try to find an alternative to foreclosure. Required in some states and counties. programs. None of them starts on its own: you (or, in New Jersey, the court) have to start it by a deadline the state sets, and each program has its own rules on who qualifies. If your case goes to mediation, you sit down with your servicer and a neutral mediator.

Even without a state program, some counties offer voluntary mediation. Your state guide shows the program we have on file for your state, if there is one.

If your home sells for less than you owe, some lenders pursue a deficiency judgment 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 → for the gap. Rules vary widely.

Some states bar them after certain sales or for certain loans; others allow them with limits, such as a credit for the home's fair market value or a deadline to sue. Each state's rule has exceptions, so check your state guide.

homestead exemption Legal protection that shields some of your home's equity from other creditors, or lowers property taxes. Amounts, acreage limits and who qualifies vary by state. Learn more → protects home equity from other creditors — credit cards, medical bills, lawsuits. It does not stop your mortgage lender.

But it matters in Chapter 7 A bankruptcy that wipes out most unsecured debts; discharge is typically issued 60-90 days after the creditors' meeting. You must pass the means test to qualify. Learn more → bankruptcy, where it sets how much equity you can shield.

FHA loan A mortgage insured by the Federal Housing Administration, with FHA-specific servicing and loss-mitigation rules. Learn more → servicers must offer the FHA Loss Mitigation Waterfall — a required sequence including special forbearance, loan modification, and partial claim (a second lien to cover arrears).

If your servicer isn't offering these, contact HUD directly or a HUD-approved counselor.

VA loans have strong foreclosure avoidance rules. Servicers must explore every alternative — including VA's financial counseling program — before foreclosing.

Call the VA Regional Loan Center at 1-877-827-3702 if your servicer isn't cooperating.

USDA Section 502 borrowers can request a payment moratorium or interest credit subsidy. USDA Rural Development must approve any foreclosure — the servicer cannot do it alone.