Behind on Mortgage Payments? What to Do Right Now
Call your mortgage company now, at the number on your monthly statement, and ask what help it offers. Get any agreement in writing. You have some time: in most cases, a foreclosure can't start until you're more than 120 days behind.
You're far from the only one. In August 2026, 13.64% of FHA loans, the government-insured loans many first-time buyers use, were behind on payments. That's about one in seven, according to the U.S. Department of Housing and Urban Development.
How many payments can you miss before foreclosure?
Usually about four. Federal rules generally don't let your mortgage company make the first foreclosure notice or filing until you're more than 120 days behind, with a few exceptions Source Regulation X. After that, how long a foreclosure takes depends on your state.
Before that point, the rules also make your mortgage company reach out to you. Your mortgage company is the one you send your payment to; your paperwork may call it your The company that collects your monthly mortgage payments. This may not be the same company that originally gave you the loan. Learn more → . Here's what the rules say happens as the days go by.
| How far behind | What the rules say |
|---|---|
| By day 36 | Your mortgage company has to try to reach you, by phone or in person, to talk about help. Source 12 C.F.R. § 1024.39 |
| By day 45 | It has to send you a letter that tells you how to reach the staff assigned to you, describes the kinds of help it may offer, and lists HUD's free counselor line. Source 12 C.F.R. § 1024.39 |
| After day 120 | In most cases, this is the earliest a foreclosure can start. Source 12 C.F.R. § 1024.41(f) |
| More than 37 days before a sale | If your complete application for help arrives by then, your mortgage company generally can't ask for a foreclosure judgment or hold the sale until it decides. Source 12 C.F.R. § 1024.41(g) |
These rules cover a mortgage on the home you live in. A small mortgage company is exempt from most of them, but it still can't start a foreclosure before you're more than 120 days behind. Source 12 C.F.R. § 1024.30
What do I say when I call my mortgage company?
Say what happened, have your numbers ready, ask what help it offers, and get the answer in writing. Step by step:
- Find the number on your monthly statement. Ask for the team that handles help for people who are behind.
- Say what happened. A job loss, an illness, a death in the family, a divorce, a bill you couldn't plan for. You don't need one neat reason; most people have more than one. Say whether you think it's short-term or for good, because that changes what they can offer Source CFPB.
- Have your numbers ready: what comes in each month, what goes out, and the cash you have on hand Source CFPB.
- Ask what help they offer, and ask for the application.
- Write down the date, the name of the person you talked to, and what they told you. Then ask them to put it in writing.
Keep proof of what they told you. If you're passed from person to person, or told one thing on the phone and something else happens, your notes and their letters are what count.
What help can your mortgage company offer?
Usually a pause on payments, a repayment plan, moving what you missed to the end of the loan, or a loan modification. What you can get depends on who owns or backs your loan: Fannie Mae, Freddie Mac, the FHA, the VA, the USDA, or a private lender. Your mortgage company can tell you. See what your loan type's rules say. These are the usual kinds of help, roughly from short-term to long-term Source CFPB.
The federal Homeowner Assistance Fund, which gave many homeowners grants, stopped taking on new aid after September 30, 2026. What help is left.
What each state did with its Homeowner Assistance Fund money →
Are mortgage companies still approving help?
Yes. In May 2026, mortgage companies completed 15,855 agreements to avoid foreclosure on loans backed by Fannie Mae and Freddie Mac, the two government-sponsored companies behind many U.S. home loans. That count runs from payment plans and loan modifications to short sales, and it covers only those two companies' loans Source FHFA.
That's 2,395 fewer than a year earlier. The Federal Housing Finance Agency prints this number one month at a time; we keep the months together so you can see the trend.
Fewer agreements to avoid foreclosure than a year earlier
Foreclosure prevention actions completed on Fannie Mae and Freddie Mac loans, United States: 15,855 in May 2026. Monthly, June 2024 to May 2026.
The full monthly record, with a download, is on our page for foreclosure prevention actions on Fannie Mae and Freddie Mac loans.
What papers will your mortgage company ask for?
Proof of what comes in and what goes out each month, and a short letter about what happened. Gather these before you send the application; a housing counselor will ask for most of the same things Source CFPB.
- Your most recent mortgage statement
- Pay stubs, or proof of benefits such as Social Security, unemployment or a pension
- Your last tax return
- Recent bank statements
- A list of your monthly bills
- A short letter saying what happened, often called a A formal letter to your mortgage servicer explaining your financial hardship and requesting relief options like forbearance or loan modification. Learn more →
Send everything they ask for and keep copies. Most of the deadlines your mortgage company has to meet start only once your application is complete Source 12 C.F.R. § 1024.41.
What if your mortgage company isn't helping?
Put your complaint in writing, then take it to the CFPB, your state attorney general or a free counselor.
- Put it in writing. You can send a written notice of error, or a request for information about your loan. Your mortgage company generally has to answer within 30 business days, and it can add 15 business days if it tells you why in writing Source 12 C.F.R. § 1024.35. Your rights in foreclosure.
- File a complaint with the CFPB, the federal agency that oversees mortgage companies, at consumerfinance.gov/complaint.
- Your state attorney general's office is another place to complain.
- Talk to a housing counselor or legal aid. Both can help you deal with your mortgage company. Where to find them.
- Bankruptcy is one more option, with a lawyer. Filing usually pauses a foreclosure while the case lasts, with limits if you had a case dismissed in the past year Source 11 U.S.C. § 362.
If a foreclosure has already started, see how to stop a foreclosure.
Questions about falling behind on your mortgage
How many months behind on a mortgage before foreclosure?
In most cases, more than 120 days, or about four months. Before then, federal rules generally don't let your mortgage company make the first foreclosure notice or filing. After that, it depends on your state: see your state's page.
Will missing a mortgage payment hurt my credit?
Yes, it can. Mortgage companies report late payments to the credit bureaus. Fannie Mae, for example, has its mortgage companies report each loan's status every month, including 30, 60 and 90 or more days behind. How much it moves your score depends on the rest of your report. You can check your reports for free at AnnualCreditReport.com.
Can I apply for a loan modification during forbearance?
Yes. Apply before the forbearance ends. While your mortgage company reviews a complete application, it generally can't start a foreclosure. If a foreclosure has already started, send the complete application more than 37 days before a sale; then it generally can't ask for a judgment or hold the sale until it decides.
My mortgage company says I don't qualify. Now what?
Ask for the reason in writing. If it turned you down for a loan modification after a complete application, its letter has to give the specific reason, and you may be able to appeal within 14 days. A housing counselor can look over the letter with you for free. What to do if you're turned down.
Should I sell the house instead?
It depends on what the house is worth. If it's worth more than you owe, a sale pays off the mortgage, and what's left after the costs of selling is yours. If you owe more than it's worth, a short sale may be an option.
How foreclosure works in your state
The rules above are federal. Once a foreclosure starts, the steps and the time it takes depend on your state. Your state's page covers whether it goes through a court and the law behind each step.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Protect yourself from scams
The FTC and CFPB describe these warning signs and the rules behind them:
- Upfront fees for promised relief are a warning sign. Under FTC mortgage-assistance rules, most companies that sell mortgage help cannot charge until a homeowner accepts a written offer from the mortgage company or lender. A separate FTC rule covers debt-relief companies that sell by phone and ties fees to a completed debt arrangement. It bars a fee until at least one debt has been settled or changed, the customer agrees to the arrangement, and the customer has made a payment under it. The FTC describes a narrow exception for lawyers who give help as part of the practice of law and are licensed in the state where the client or dwelling is. The lawyer follows that state's rules for attorneys, and advance fees are placed in a client trust account before services begin under state trust-account rules.
- HUD-approved foreclosure-prevention counseling is free. HUD’s national counselor line is 800-569-4287. The CFPB counselor finder lists agencies and their services. If an organization charges for help described as free HUD counseling, the CFPB finder can verify the agency and its listed services before any payment.
- A request to sign over a deed is a warning sign. The CFPB identifies title-transfer schemes among foreclosure-relief scams. Signing over title can mean losing ownership of the home; a lawyer can explain what a proposed document would do.
- Foreclosure protections depend on timing and the loan. Regulation X generally bars the first foreclosure notice or filing on a principal-residence loan until the borrower is more than 120 days behind, subject to exceptions. A complete assistance application can delay some foreclosure steps, but that depends on when it arrives; it does not necessarily stop every step. The CFPB warns about promises to “save” a home.
Free help you can call
A HUD-approved housing counselor. A housing counselor works at a nonprofit approved by HUD, the federal housing department. They go over your budget and options with you and can help you deal with your mortgage company, and their foreclosure help is free Source CFPB. To find one, call HUD at 800-569-4287, use the CFPB's counselor finder, or see our directory.
Legal aid. Legal aid offices give free legal help to people with low incomes, including help with foreclosure. Find yours at lsc.gov or in our directory.
You now know how much time the rules give you, what to ask your mortgage company for, and what to keep in writing. Falling behind usually starts with something that happened to you: a job loss, an illness, a death, a bill you couldn't plan for. It's not your fault, and you don't have to sort it out alone. If you're not sure where to start, a HUD-approved housing counselor is a good first call, and it's free.
Sources
- Consumer Financial Protection Bureau · If I can’t pay my mortgage loan, what are my options? at consumerfinance.gov
- Consumer Financial Protection Bureau · What is mortgage forbearance? at consumerfinance.gov
- Consumer Financial Protection Bureau · What is a mortgage loan modification? at consumerfinance.gov
- Consumer Financial Protection Bureau · What a housing counselor can do, at consumerfinance.gov
- Legal Services Corporation · Get legal help, at lsc.gov
- Regulation X (12 C.F.R. § 1024.30) · which loans the rules cover, at consumerfinance.gov
- Regulation X (12 C.F.R. § 1024.35) · notices of error, at consumerfinance.gov
- Regulation X (12 C.F.R. § 1024.39) · reaching you by day 36 and day 45, at consumerfinance.gov
- Regulation X (12 C.F.R. § 1024.41) · help options and the 120-day rule, at consumerfinance.gov
- Fannie Mae Servicing Guide D2-3.2-04, payment deferral, at servicing-guide.fanniemae.com
- Fannie Mae Servicing Guide C-4.1-01, credit reporting, at servicing-guide.fanniemae.com
- HUD Handbook 4000.1, FHA partial claims, at hud.gov
- 11 U.S.C. § 362, the automatic stay in bankruptcy, at uscode.house.gov
- U.S. Department of Housing and Urban Development · FHA Single-Family Loan Performance Trends, at hud.gov
- FHFA · Foreclosure Prevention and Refinance Report, at fhfa.gov
We write with assistance from AI tools. Figures come from the data and sources named on this page.