No matter how bad your finances get, keeping a roof over your head is your first priority. As soon as you become concerned about your ability to make mortgage payments, get help. Your lender may be able to refinance or modify your mortgage so that you can continue to make payments. Remember: If you stop paying your mortgage, you'll eventually lose your home to foreclosure.
Your Lender Will Contact You
When you miss a mortgage payment, you'll probably get a phone call or letter from your mortgage company. If you are having financial trouble, this is a good time to be up front with your lender and try and work out a way to keep your home. If you are in serious debt, you may want to talk to a bankruptcy lawyer. Some bankruptcy options can help you deal with your debt while avoiding foreclosure.
You'll Get a Demand Letter
After two or more missed payments, your lender will send you a demand notice. You'll typically have 30 days in which to bring your mortgage current, or the lender will begin foreclosure proceedings. You may still be able to work with your lender to either save your home or avoid foreclosure by agreeing to a short sale, but you need to be proactive. Contact your lender and, if necessary, speak to a housing counselor or attorney to learn about your rights.
Depending on where you live, your lender may be able to foreclose on your home within only a few months after you default on your mortgage. You'll lose your home and your lender, or the home's new owner, will eventually evict you, though it may take months before the eviction process begins. However, some states offer a redemption period after a foreclosure sale that can let you pay what you owe or get your home back. Some mortgage lenders may even offer you the opportunity to rent your home until a buyer can be found.
A foreclosure may be the worst thing that can show up on your credit report. Even though a Chapter 7 bankruptcy can stay on your report for 10 years, as opposed to seven years for foreclosure, foreclosure may cause you more trouble. A foreclosure on your report says that your situation got so bad that you lost your home. Even if the circumstances were out of your control, this can be a big red flag to lenders, employers and landlords.
- U.S. Department of Housing and Urban Development: Are You at Risk of Foreclosure and Losing Your Home?
- U.S. Department of Housing and Urban Development: Tips for Avoiding Foreclosure
- MSNBC: Which is Worse: Foreclosure or Bankruptcy?
- Living in Plainfield: Don't Abandon Your Home if You are In Foreclosure
- Nolo: If We're Foreclosed On, When Do We Actually Have to Leave our House?
- Nolo: How to Avoid Foreclosure
- Mortgage Help for Underwater Mortgages
- Mortgage Modification Process
- Does Giving Your House Back to the Mortgage Company Hurt Your Credit as Much as a Foreclosure?
- What If My Home Is Worth Less Than I Owe During Foreclosure?
- How Voluntary Home Repossession Affects Credit
- "If My Name Is on a Title But Not on a Loan, Am I Still Responsible for a Foreclosure?"