Skip to main content
How to Avoid
Foreclosure

Homeowner guide

Behind on your mortgage: what to do first

The earlier you act, the more options you have. These are the first six things to do, in order, whether you are about to miss a payment or are already a few months behind.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

1. Open every letter and write down every date

Letters from your servicer, the court or a trustee are where your deadlines are. Open them as they arrive, write each date on a calendar, and keep the letters together. If a letter and this website ever disagree, trust the letter and ask a counselor or lawyer.

Your servicer has to try to reach you by phone by the 36th day you are behind, and send you a letter about your options by the 45th day. That letter must include HUD's number for free housing counseling.

2. Call your servicer and ask to be reviewed for loss mitigation

Your servicer is the company you send your payment to. Call the number on your statement and say: "I am having trouble paying and I want to apply for loss mitigation." That phrase covers every option, from a repayment plan to a loan modification.

By the 45th day you are behind, your servicer must assign staff you can reach who can explain your options, what you need to send, and where your application stands. Ask for their name and direct number.

3. Talk to a free HUD-approved housing counselor

HUD-approved counseling agencies may not charge for help with mortgage delinquency or foreclosure. A counselor can review your budget, help you fill out the application, and call your servicer with you. Call HUD at (800) 569-4287 or search the CFPB's counselor list.

4. Send a complete application as early as you can

Most of your federal protections depend on when your servicer receives a complete application, meaning everything it asked for. In most cases a servicer cannot start a foreclosure until you are more than 120 days behind, and if your complete application arrives before then, it cannot start until it has reviewed you and you have had a chance to accept or appeal.

Keep a copy of everything you send and how you sent it. Write down who you spoke with and when. See your federal rights for the deadlines that matter.

5. Find out who backs your loan, and how much time your state gives you

FHA, VA, USDA, Fannie Mae and Freddie Mac loans each have their own options and limits. See help by loan type. Then look up your state's foreclosure timeline: in some states a sale can happen within a few months of the first notice, and in others the lender has to go through a court case.

6. Ignore anyone who asks for money up front

Once you fall behind, companies may start calling and mailing you. Under federal law a company that is not your lawyer cannot charge you for mortgage relief until you have signed an agreement with your servicer based on an offer it got for you. Never sign over your deed, and never send your payment to anyone except your servicer. See how to spot a foreclosure rescue scam.

How much time do you have? It depends on your state.

See the foreclosure timeline, deadlines and free local help for the state where the home is.

Common questions

Should I wait until I am further behind before I ask for help?

No. Some options, such as forbearance, are meant for a hardship that is happening now, and some servicers can review you before you miss a payment if a default is coming. Applying early also gives you more of the federal protections, because they depend on how far your complete application arrives before any sale.

What if my servicer will not call me back?

Ask for the staff assigned to your loan, write down every call, and send your questions in writing. A free HUD-approved counselor can contact the servicer for you. If the servicer still does not respond, you can file a complaint with the CFPB.

Do I need a lawyer right away?

Not always. A housing counselor is free and handles most applications. Talk to a lawyer if you were served with a lawsuit, a sale date is set, or your servicer is not following the rules. Legal aid may help for free, and we list license-checked foreclosure lawyers by city.

Keep reading

Sources

  1. 12 C.F.R. § 1024.39, early intervention (eCFR)
  2. 12 C.F.R. § 1024.40, continuity of contact (CFPB)
  3. 12 C.F.R. § 1024.41, loss mitigation procedures (eCFR)
  4. HUD Handbook 7610.1 (March 2026), housing counseling fees
  5. HUD: Avoiding foreclosure
  6. CFPB: Find a housing counselor
  7. 12 C.F.R. § 1015.5, ban on advance fees for mortgage relief (eCFR)

Free, official, nationwide

Free help anywhere in the country

Ask a question

Not sure what to do next? Ask.

Tell us where things stand. A person reads every message and writes back with the options that fit your situation and the free, official help available in your state.

  • Free. There is nothing to buy and no fee, ever.
  • No loan number, Social Security number or documents needed.
  • We are not your lender, a law firm or a government agency.

If a sale is days away, do not wait for an email. Call a free HUD-approved housing counselor now at (800) 569-4287.

For example: a sale date, what your servicer has told you, or what changed in your income. Please do not include your loan number, Social Security number or bank details.

Free, and there is nothing to buy. A person reads your message and replies by email, or by phone if you leave a number. We never ask for a fee and we do not sell your details. See the privacy policy.