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Rent & housing

Behind on your mortgage? How to avoid foreclosure

Falling behind on a mortgage is frightening, but foreclosure is slow and lenders usually prefer an arrangement to a repossession. The earlier you act, the more options you have.

7 min read Updated October 2026 Official sources linked
Quick answer

If you are behind on your mortgage, contact your loan servicer immediately and ask about forbearance, a repayment plan or a loan modification, and call a HUD-approved housing counsellor free at 1-800-569-4287 for help negotiating. Check whether your state has a homeowner assistance programme. Never pay upfront fees to companies promising to stop foreclosure.

First call
Your servicer and a HUD counsellor
Free counselling
1-800-569-4287
Main options
Forbearance, repayment plan, modification
Red flag
Upfront fees for 'foreclosure rescue'
01

How it works

The short version, before the detail.

Foreclosure is the legal process a lender uses to take a home after the borrower stops paying. Federal rules generally prevent servicers from starting foreclosure until a borrower is more than 120 days delinquent, which gives time to seek alternatives. States then set the procedure - some require a court case (judicial foreclosure), others allow a faster non-judicial process.

Servicers must offer to evaluate you for loss mitigation options. Forbearance temporarily pauses or reduces payments. A repayment plan spreads arrears over future months. A loan modification permanently changes loan terms - interest rate, length or balance - to make payments affordable. For FHA, VA and USDA loans, specific programmes apply.

If staying is not possible, a short sale or deed-in-lieu of foreclosure can avoid a foreclosure judgment and sometimes includes relocation help.

Submitting a complete loss mitigation application on time triggers protections against 'dual tracking' - generally a servicer cannot move forward with a foreclosure sale while a complete application is being considered if it was submitted early enough.

Scams target homeowners in this situation: companies that charge upfront fees, ask you to sign over your deed, or tell you to stop talking to your lender. HUD counselling is free and independent.

Communicating in writing protects you. Send hardship letters and loss mitigation applications in ways you can prove - the servicer's online portal with screenshots, fax confirmations or certified mail - and keep a log of every call with dates and names. Servicers must acknowledge loss mitigation applications and tell you if anything is missing within set timeframes, and must give you a written decision on a complete application.

02

Who usually qualifies

Factors the agency looks at. Only they make the final decision.

Homeowners behind on mortgage payments or about to be
Homeowners who have received a notice of default or foreclosure
People with reduced income from job loss, illness, divorce or death of a co-borrower
Borrowers with FHA, VA, USDA, Fannie Mae or Freddie Mac loans, who have specific programmes
Heirs who inherited a home with a mortgage
Homeowners behind on property taxes or HOA dues, which can also lead to foreclosure

Options depend on who owns or insures your loan and your state's foreclosure process. A HUD counsellor can identify which programmes apply.

03

How to apply, step by step

  1. Contact your servicer right away

    Explain the hardship and ask about loss mitigation options. Note the date and name of who you spoke to.

  2. Call a HUD-approved counsellor

    Free help preparing your application and negotiating.

  3. Submit a complete loss mitigation application

    Include hardship letter, income, expenses, tax returns and bank statements. Keep copies and proof of delivery.

  4. Check state homeowner assistance

    Some states run programmes that help with arrears.

  5. Respond to every notice

    Do not ignore foreclosure papers. If a court case is filed, respond and consider legal aid.

  6. Consider alternatives if needed

    Short sale or deed-in-lieu can avoid a foreclosure judgment.

  7. Avoid scams

    Never pay upfront fees or sign over your deed.

04

What to have ready

Missing one item is rarely a reason to wait - start now.

  • Mortgage statements and loan number
  • Hardship letter explaining what happened
  • Proof of income - pay stubs, benefit letters
  • Recent tax returns
  • Bank statements
  • List of monthly expenses
  • Any notices from the servicer or court
05

What happens after you apply

Missed payment
Contact servicer and counsellor.
30-120 days
Loss mitigation evaluation; foreclosure generally cannot start before 120 days.
Complete application
Servicer must respond within set timelines.
Foreclosure filing
Process varies by state; respond to every notice.
Sale date
Last chance options; dual-tracking protections may apply.
06

How it compares

Similar programmes, and which one fits which need.

ProgrammeWhat it coversBest for
ForbearanceTemporary pause or reductionShort-term hardship
Repayment planArrears spread over monthsIncome has recovered
Loan modificationPermanent new termsLong-term reduced income
Short sale / deed-in-lieuExit without foreclosure judgmentKeeping the home is not feasible
07

Real situations

How this plays out for people in common circumstances.

Situation 1

Job loss, now re-employed

A homeowner missed four payments after a layoff but has a new job.

A repayment plan or modification that adds arrears to the loan could bring the account current.

Situation 2

Permanent income drop

After a disability, a homeowner's income is lower permanently.

A loan modification reducing payments is explored with a HUD counsellor.

Situation 3

Inherited a house

A daughter inherited her mother's home with a mortgage.

As a successor in interest she has rights to information and loss mitigation evaluation.

Situation 4

Offered 'guaranteed' rescue

A company offers to stop foreclosure for an upfront fee.

This is a red flag. Free HUD counselling is used instead.

08

What people miss

True, rarely explained, and it changes the outcome.

120 days gives time

Foreclosure generally cannot start before then - use it.

Complete applications trigger protections

Submit early and completely.

Counselling is free

No need to pay anyone.

Heirs have rights

Successors in interest can seek modifications.

Taxes and HOA dues can cause foreclosure

Address those too.

09

Common reasons people get stuck

Ignoring calls and letters

Communication keeps options open.

Incomplete applications

Missing documents delay protection.

Paying scam companies

Never pay upfront fees.

Moving out early

You own the home until sale; leaving can complicate options.

Missing court deadlines

Respond to every filing.

10

How it differs by state

States choose judicial or non-judicial foreclosure, set timelines, and some require mediation. Some run homeowner assistance programmes. Your HUD counsellor and legal aid know local rules.

11

Key terms explained

The words on forms and letters, in plain English.

Loss mitigation
Options a servicer offers to avoid foreclosure, such as forbearance, repayment plans and modifications.
Forbearance
A temporary pause or reduction in mortgage payments during a hardship.
Loan modification
A permanent change to loan terms to make payments affordable.
Dual tracking
Pursuing foreclosure while reviewing a loss mitigation application, restricted by federal rules.
Judicial foreclosure
Foreclosure that goes through the courts, used in some states.
Successor in interest
Someone who inherits or receives a home with a mortgage, with rights to information and loss mitigation.
12

Questions people ask

What should I do if I cannot pay my mortgage?
Contact your servicer immediately and ask about loss mitigation, and call a HUD-approved counsellor free at 1-800-569-4287.
How many missed payments before foreclosure?
Federal rules generally prevent starting foreclosure until you are more than 120 days behind.
What is mortgage forbearance?
A temporary pause or reduction in payments during a hardship, with a plan to repay later.
What is a loan modification?
A permanent change to your loan terms to make payments affordable.
Can I stop a foreclosure sale?
Possibly, through a complete loss mitigation application, bankruptcy, or bringing the loan current. Get legal help quickly.
Is there government help for homeowners behind on mortgage?
Some states run homeowner assistance programmes; FHA, VA and USDA loans have specific options.
How do I avoid foreclosure scams?
Never pay upfront fees, never sign over your deed, and use HUD-approved counselling.
What is a short sale?
Selling the home for less than owed with lender approval to avoid foreclosure.
What is a deed-in-lieu of foreclosure?
Voluntarily transferring the home to the lender to avoid foreclosure.
Can I get help if I inherited a house with a mortgage?
Yes. Successors in interest can request information and loss mitigation.
Can I be foreclosed on for unpaid property taxes?
Yes, tax foreclosures exist. Contact your county about payment plans and exemptions.
Will foreclosure ruin my credit?
It has a serious impact; alternatives like modification are less damaging.
Can I rent my home if I cannot afford the mortgage?
Possibly, but discuss with your servicer and counsellor first.
Can I get a loan modification if I am unemployed?
Some forbearance options are designed for unemployed homeowners, pausing payments while you look for work. Modifications usually require some income to show the new payment is affordable.
What is a partial claim for FHA loans?
An FHA option where arrears are moved into a separate interest-free loan due when the home is sold or refinanced, bringing your mortgage current.
Can I sell my house to avoid foreclosure?
Yes. If the home is worth more than you owe, selling before the foreclosure sale can let you keep the equity. If it is worth less, a short sale with the lender's approval may be possible. A HUD counsellor can explain timelines.
Can I stay in my home after a foreclosure sale?
Usually only briefly. After the sale, the new owner must follow your state's eviction process to remove you, and some states give a redemption period. Talk to legal aid immediately - there may still be options, and you may be able to negotiate time to move.
13

Numbers to call

Free lines. We are not affiliated with any of them.

14

Official sources

Current figures and applications live here.

Ask For Helping Hand is a private referral service, not a government agency, and is not affiliated with any programme on this page. Rules, income limits and deadlines change and vary by state, so this guide leaves exact figures out on purpose — confirm current details with the official sources above.
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