What Is Right to Cure?
The right to cure is a legal protection requiring mortgage lenders to give borrowers a set number of days to catch up on missed payments before formally beginning foreclosure. Cure periods range from 10 days in some states to 150 days in Massachusetts, and this right is separate from the federal 120-day pre-referral waiting period under CFPB Regulation X.
Key Facts
- CFPB Regulation X (12 CFR § 1024.41) imposes a federal 120-day floor — servicers cannot make the first foreclosure filing until at least 120 days after the borrower's last payment, giving time to apply for loss mitigation
- State cure periods vary from 10 days (New Jersey) to 150 days (Massachusetts M.G.L. c. 244 § 35A), and run on top of or concurrent with the federal 120-day period depending on state law
- To cure, the borrower must typically pay all past-due principal and interest, late fees, and any attorney or foreclosure initiation costs the lender has already incurred
- Some states limit the number of times a borrower can exercise the right to cure — Pennsylvania allows up to 3 times per calendar year under Act 6
- The right to cure is distinct from reinstatement: cure brings the loan current before foreclosure starts, while reinstatement brings it current after foreclosure has been initiated but before the sale
Live Data
How Does the Right to Cure Work?
When a borrower falls behind on mortgage payments, most states require the lender to send a formal notice — often called a "breach letter" or "notice of intent to foreclose" — before starting the foreclosure process. This notice must specify:
- The amount needed to cure: All past-due payments, late fees, and any costs already incurred
- The cure deadline: The number of days the borrower has to pay the cure amount
- The consequence of failing to cure: That foreclosure proceedings will begin if the cure amount is not paid by the deadline
If the borrower pays the full cure amount before the deadline, the lender must accept the payment and cannot proceed with foreclosure. The loan returns to current status as if the default never occurred.
How Long Is the Cure Period by State?
Cure periods vary significantly across states:
- Short cure periods (10-30 days): New Jersey (10 days after NOI), Georgia (30-day notice), Virginia (14 days), Tennessee (30 days)
- Medium cure periods (30-45 days): Maryland (45 days NOI to foreclose), New York (90-day pre-foreclosure notice), Maine (35 days), Illinois (30 days)
- Long cure periods (90+ days): Massachusetts (150-day right to cure under § 35A), Colorado (110-day cure after first publication), Idaho (115-day cure right § 45-1506(12))
The federal CFPB 120-day waiting period (Regulation X) runs concurrently with state cure periods in some jurisdictions and sequentially in others, depending on when the state cure clock starts.
What Happens If You Cannot Cure in Time?
If the cure deadline passes without payment, the lender can proceed to the next step in the foreclosure process — filing a lis pendens in judicial states or recording a notice of default in non-judicial states. However, failing to cure does not eliminate other options:
- Loss mitigation: Under Regulation X, servicers must evaluate complete loss mitigation applications received more than 37 days before a scheduled sale, even after the cure period expires
- Reinstatement: Many states allow reinstatement (paying all arrears) up until a specified deadline before the foreclosure sale — sometimes just days before
- Bankruptcy: Filing Chapter 13 bankruptcy triggers an automatic stay and allows the borrower to cure the default through a 3-5 year repayment plan
What Is the Difference Between Cure and Reinstatement?
These terms are often confused but have distinct legal meanings. Cure happens before foreclosure formally begins — it prevents the foreclosure from ever starting. Reinstatement happens after foreclosure has been initiated — it stops an ongoing foreclosure by bringing the loan current. Reinstatement typically costs more than cure because additional legal fees and foreclosure costs have accrued. Both require paying all past-due amounts plus fees, but the timing and cost differ.
State-by-State Variations
Cure periods and procedures are determined by state law and vary from 10 days to 150 days. Some states limit the number of times cure can be exercised.
| State | Key Difference |
|---|---|
| Massachusetts | 150-day right to cure (M.G.L. c. 244 § 35A) — one of the longest in the nation. Servicer must also evaluate for loan modification under § 35B before foreclosing. Borrower must receive a right-to-cure notice with specific payment details. |
| Colorado | 110-day cure right after first publication of foreclosure notice (C.R.S. § 38-38-104). Cure is through the Public Trustee, not the lender directly. Among the most protective non-judicial cure rights. |
| Pennsylvania | Act 6 provides a 30-day cure right, limited to 3 times per calendar year. Act 91 requires an additional 30-day pre-foreclosure notice offering access to the Homeowner's Emergency Mortgage Assistance Program (HEMAP). |
| Idaho | 115-day cure right (§ 45-1506(12)) for non-judicial trustee's sales. Borrower can cure by paying the full amount due at any time before the 115-day deadline expires. |
| New York | 90-day pre-foreclosure notice (RPAPL § 1304) must include a list of HUD-approved housing counseling agencies. This effectively serves as a cure window, though New York's judicial process adds additional time. |
Frequently Asked Questions
How many days do I have to cure a mortgage default?
It depends on your state. Cure periods range from 10 days (New Jersey) to 150 days (Massachusetts). On top of state law, the federal CFPB Regulation X requires servicers to wait at least 120 days after your last payment before making the first foreclosure filing, giving you additional time.
What do I have to pay to cure a mortgage default?
To cure, you must pay all past-due principal and interest payments, late fees, and any attorney or foreclosure costs the lender has already incurred. You do not need to pay the entire mortgage balance — just the amount needed to bring the loan current.
Can I cure my mortgage default more than once?
In most states, yes — there is no statutory limit on the number of times you can cure. However, Pennsylvania limits the right to cure to 3 times per calendar year under Act 6. Repeated defaults may also prompt the servicer to more aggressively pursue foreclosure.
What is the difference between curing and reinstating a mortgage?
Cure happens before foreclosure starts — you catch up on payments to prevent foreclosure from being filed. Reinstatement happens after foreclosure has been initiated — you pay all arrears plus legal costs to stop an ongoing foreclosure. Reinstatement is typically more expensive because additional fees have accrued.
Does the federal 120-day rule replace my state's cure period?
No. The federal 120-day waiting period under CFPB Regulation X is a minimum floor that applies in all states. If your state's cure period is longer than 120 days (like Massachusetts at 150 days), the state law provides additional protection. The two rules can run concurrently or sequentially depending on your state.