Your rights in foreclosure
For most home loans, federal rules give you rights before a foreclosure can start and while it runs. Your mortgage company has to try to reach you, wait until you're more than 120 days behind, review a complete application for help before it moves to a sale, and answer in writing when you report a mistake. Your state adds its own rights, like buying the home back after the sale.
Your mortgage company has to wait 120 days and reach out first
For most home loans, a foreclosure can't start until you're more than 120 days behind on payments Source Regulation X. During those months, your mortgage company has to try to talk with you no later than the 36th day and send a letter about the ways it can help no later than the 45th Source Regulation X § 1024.39. By day 45 it also has to have staff assigned to you, one person or a team Source Regulation X § 1024.40.
These rules come from Regulation X, a federal rule for mortgage companies. They cover mortgages on the home you live in Source Regulation X § 1024.30, but not a home equity line of credit Source Regulation X § 1024.31. Small mortgage companies skip some of them, but they still have to wait the 120 days Source Regulation X.
What went wrong with your mortgage company, and the rule that answers it
In 2025, the Consumer Financial Protection Bureau (CFPB), the federal agency that writes these rules, published 5,980 mortgage complaints from people struggling to pay. Of those, 2,518 were about trying to reach the mortgage company to fix a problem with a loan modification, a pause on payments, a short sale or a foreclosure Source CFPB complaints. The problems below come up in those complaints, and each one has a rule behind it.
| What happened | Your right | The rule |
|---|---|---|
| Nobody answers, or you're passed from person to person. | By day 45, your mortgage company has to have staff assigned to you who can tell you what options it has and what you need to send Source § 1024.40. | 12 C.F.R. § 1024.40 |
| The foreclosure kept moving while you waited for an answer. | If your complete application arrives before foreclosure starts, it generally can't start until the company has decided. If it arrives after, but more than 37 days before a sale, the company can't ask for a judgment or order of sale or hold the sale while it reviews you Source § 1024.41. This is the rule against "dual tracking." | 12 C.F.R. § 1024.41(f) and (g) |
| They said your papers were never received. | If your application arrives 45 days or more before a sale, the company has to tell you in writing within five business days that it got it, and list anything missing Source § 1024.41. | 12 C.F.R. § 1024.41(b) |
| They told you one thing on the phone, and something else happened. | Within 30 days of a complete application, the company has to tell you in writing which options it will offer, with the specific reason for turning down any loan modification Source § 1024.41. | 12 C.F.R. § 1024.41(c) and (d) |
| You were turned down. | If your complete application arrived 90 days or more before a sale, you have 14 days to appeal, and different staff decide it Source § 1024.41. | 12 C.F.R. § 1024.41(h) |
| Your loan moved to a new company, and your application was lost. | The new company has to pick up an application that was pending at the transfer, on the old company's deadlines, and your protections carry over Source § 1024.41. | 12 C.F.R. § 1024.41(k) |
| You think they made a mistake on your account. | Send a written notice of error. The company has to confirm it got it within five business days, then fix the mistake or explain in writing why it found none Source § 1024.35. | 12 C.F.R. § 1024.35 |
| You don't know who owns your loan. | Ask in writing. The company has to tell you within 10 business days Source § 1024.36. | 12 C.F.R. § 1024.36 |
"Business days" here means not counting weekends and federal holidays.
A complete application for help buys you time, if it arrives in time
An application is complete when your mortgage company has everything it asked you for Source Regulation X. If something's missing, it has to make a reasonable effort to get it Source Regulation X. When it arrives matters:
- Before foreclosure starts: the company generally can't start until it has decided and any appeal is over Source Regulation X.
- More than 37 days before a sale: within 30 days, it has to review you for every option it has, and it can't ask for a judgment or order of sale or hold the sale while it does Source Regulation X.
- 37 days or less before a sale: these protections don't apply. Some companies still review an application or postpone the sale, so ask, and get the answer in writing.
None of this means you'll be approved. The rules set the steps; they don't require any particular option Source Regulation X. And if the same company already reviewed a complete application from you and you've stayed behind since, it may not have to follow these steps for a new one Source Regulation X.
Your state may let you buy the home back, or meet with a mediator
States add their own rights, and they differ a lot. By our count of state law, in 15 of the 50 states and D.C. you can buy the home back for a time after the sale, and in 17 more you can only in some cases, such as after a court-ordered sale. The conditions differ by state. A statewide foreclosure mediation program, where you meet with your mortgage company and a neutral person before a sale, runs in 14. In some states the lender can sue you for the leftover balance after a sale; in others it can do so only in some cases. The table below shows your state's rule, and your state page has the details.
| State | Buy back after the sale | Statewide mediation | Lender can sue for the leftover balance |
|---|---|---|---|
| Alabama | Yes | No | Yes |
| Alaska | In some cases | No | Only in some cases |
| Arizona | In some cases | No | Yes, with limits |
| Arkansas | In some cases | No | Yes, with limits |
| California | In some cases | See the state page | Only in some cases |
| Colorado | No | No | Yes, with limits |
| Connecticut | Yes | Yes | Yes |
| Delaware | Yes | Yes | Yes |
| District of Columbia | No | Yes | Yes |
| Florida | Yes | See the state page | Yes, with limits |
| Georgia | No | No | Yes, with limits |
| Hawaii | In some cases | Yes | Yes, with limits |
| Idaho | In some cases | No | Yes, with limits |
| Illinois | In some cases | No | Yes |
| Indiana | No | Yes | Yes |
| Iowa | In some cases | No | Yes, with limits |
| Kansas | Yes | No | Yes, with limits |
| Kentucky | In some cases | No | Yes |
| Louisiana | No | No | Yes, with limits |
| Maine | No | Yes | Yes, with limits |
| Maryland | No | Yes | Yes |
| Massachusetts | No | No | Yes, with limits |
| Michigan | Yes | No | Yes, with limits |
| Minnesota | Yes | No | Yes, with limits |
| Mississippi | No | No | Yes, with limits |
| Missouri | In some cases | No | Yes |
| Montana | In some cases | No | Only in some cases |
| Nebraska | In some cases | No | Yes, with limits |
| Nevada | In some cases | Yes | Yes, with limits |
| New Hampshire | No | No | Yes |
| New Jersey | Yes | Yes | Yes, with limits |
| New Mexico | Yes | No | Yes, with limits |
| New York | No | Yes | Yes, with limits |
| North Carolina | Yes | No | Yes, with limits |
| North Dakota | Yes | No | Yes, with limits |
| Ohio | Yes | No | Yes |
| Oklahoma | No | No | Yes, with limits |
| Oregon | In some cases | Yes | Only in some cases |
| Pennsylvania | No | No | Yes |
| Rhode Island | No | Yes | Yes |
| South Carolina | No | No | Yes |
| South Dakota | Yes | No | Yes, with limits |
| Tennessee | In some cases | No | Yes, with limits |
| Texas | No | See the state page | Yes, with limits |
| Utah | In some cases | No | Yes, with limits |
| Vermont | No | Yes | Yes, with limits |
| Virginia | No | No | Yes |
| Washington | In some cases | Yes | Only in some cases |
| West Virginia | No | No | Yes |
| Wisconsin | Yes | No | Yes |
| Wyoming | Yes | No | Yes |
A "yes" can come with conditions: some states allow it only after a court sale, or only for some homes. Your state page has the rule and the law behind it. From our state law records, last checked March 14, 2026.
If your mortgage company breaks a rule, keep proof and raise it
Write down dates, names and what was said, and keep copies of everything you send. You can send a complaint to the CFPB. If a sale is coming, a lawyer can tell you whether a broken rule can delay it. Federal law lets you sue a mortgage company for some of these violations Source 12 U.S.C. § 2605. The counselors and legal aid offices below can help you raise it for free.
Questions about your rights in foreclosure
What is dual tracking?
It's when a mortgage company keeps a foreclosure moving while your application for help is still being reviewed. Federal rules limit it: with a complete application in time, the company can't start a foreclosure, or hold a sale, while it reviews you. See when it applies.
Can my mortgage company foreclose while I'm applying for a loan modification?
It depends on when your application is complete. More than 37 days before a sale, the company generally can't hold the sale while it reviews you. Inside 37 days, it doesn't have to stop.
Can I get my house back after foreclosure?
In 15 of the 50 states and D.C., you can buy it back for a time after the sale, by paying what the law requires before a deadline. In 17 more, only after some kinds of sale or in some cases. Check your state.
Do I have to leave right after the foreclosure sale?
Usually not that day. The buyer generally has to go through your state's eviction process first. What happens after the sale.
What foreclosure protections do service members get?
The Servicemembers Civil Relief Act adds protections. One of them caps the interest rate at 6% on a mortgage you took out before your service, during your service and for a year after. Your installation's legal office can help for free.
Your state's rules
- 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 with foreclosure
A HUD-approved housing counselor. A housing counselor works at a nonprofit approved by HUD, the federal housing department. Their foreclosure help is free, and they can help you talk to your mortgage company 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 what you can hold your mortgage company to: reaching out no later than day 45, waiting until you're more than 120 days behind, confirming your application in writing, answering a complete one in time with its reasons, and responding to a written notice of error. Your state may add more. When you're not sure a rule was followed, ask in writing and keep a copy. A problem with your mortgage company isn't a mark against you.
Sources
- Regulation X, 12 C.F.R. § 1024.41 · help options, the 120-day rule and the 37-day rule, at consumerfinance.gov
- Regulation X, 12 C.F.R. § 1024.39 · early contact with borrowers who are behind, at consumerfinance.gov
- Regulation X, 12 C.F.R. § 1024.40 · staff assigned to borrowers who are behind, at consumerfinance.gov
- Regulation X, 12 C.F.R. § 1024.30 · which loans the rules cover, at consumerfinance.gov
- Regulation X, 12 C.F.R. § 1024.31 · definitions, at consumerfinance.gov
- Regulation X, 12 C.F.R. § 1024.35 · notices of error, at consumerfinance.gov
- Regulation X, 12 C.F.R. § 1024.36 · requests for information, at consumerfinance.gov
- 12 U.S.C. § 2605 · suing a mortgage company that breaks the rules, at uscode.house.gov
- 50 U.S.C. § 3937 · the servicemember interest-rate cap, at uscode.house.gov
- Consumer Financial Protection Bureau · What a housing counselor can do, at consumerfinance.gov
We write with assistance from AI tools. Figures come from the data and sources named on this page.