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
- A sale date is setA sale date means time is short, not that it has run out. Each option below has its own cutoff, so the order you act in matters. Start today.
- Avoid foreclosure rescue scamsPeople facing foreclosure are a target. Federal law bans most upfront fees for mortgage relief, so any company that asks to be paid before you have an offer from your servicer is breaking the rules.
- Your federal rightsFederal rules (Regulation X) set the floor in every state. They do not force your servicer to approve any option, but they control when it can start a foreclosure and how it must handle your application.
- Help by loan typeYour servicer collects the payments, but the rules for what it can offer you come from whoever owns or insures the loan. Find that out first.
- Taxes after foreclosureThe IRS treats a foreclosure as a sale, and forgiven debt is usually income. The main home exclusion many people relied on has expired for most 2026 cases, but insolvency and bankruptcy exclusions still apply.
Sources
- 12 C.F.R. § 1024.39, early intervention (eCFR)
- 12 C.F.R. § 1024.40, continuity of contact (CFPB)
- 12 C.F.R. § 1024.41, loss mitigation procedures (eCFR)
- HUD Handbook 7610.1 (March 2026), housing counseling fees
- HUD: Avoiding foreclosure
- CFPB: Find a housing counselor
- 12 C.F.R. § 1015.5, ban on advance fees for mortgage relief (eCFR)