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Free guide for homeowners

How to avoid foreclosure: every option, in the order to try them

Falling behind on the mortgage is more common than most people think, and you almost always have more time and more choices than the first letter makes it seem. Our free guide walks through all of them, keeping the house first, in plain words.

  • Every option in the order to try it, with the time each one needs
  • A worksheet, a servicer call script and a call log to fill in
  • Free. Just tell us where to send it.
A family home with a front porch
Cover of the free guide, Your Options Before Foreclosure

Get the free guide

13 pages: checklists, a worksheet, a call script and an 11-call log. Print it or fill it in on screen. Free.

We email you a copy to keep, plus a few short tips over the next weeks; reply any time to stop them. We never text you from this form and never share your details. If you add an address and phone, we may call once to see if we can help.

Educational only. This explains how these situations generally work. It is not legal, tax or financial advice, and the rules differ by state — talk to an attorney or CPA about your own situation before you act on any of it.

Where are you right now?

Options narrow as the process moves, so start by finding your stage. Timelines vary by state; your notices give your exact dates.

1 to 2 payments behind

Every option is open. Late fees are the main cost so far.

Do now: Call the servicer and ask what it takes to catch up. If the problem is short term, ask about a repayment plan before a third payment is missed.

3 to 4 months behind

Still every option. Federal rules generally stop the first foreclosure filing until you are more than 120 days behind.

Do now: Send a complete loss mitigation application now. This is the window the 120 day rule exists for. Book a free housing counselor.

Notice of default or lawsuit filed

Most options are still open, but the clock is now set by your state, not by you.

Do now: Find the deadlines in the notice. Keep working the application. If selling may be the answer, get the house valued now; a listing needs 60 to 90 days.

Sale date set

Fewer options. A listing is hard under about six weeks. A cash sale, a short sale approval or an attorney may still stop the sale.

Do now: Call the servicer about postponing the sale, call an attorney if bankruptcy is on the table, and get any sale offers in writing with a closing date before the sale.

Do these five things this week

  1. Open every letter from the servicer and the court. Write down every date in them.
  2. Call the servicer. Ask for the reinstatement amount, the payoff amount, and a loss mitigation application. Ask if a sale date is set.
  3. Book a free HUD-approved housing counselor. Call 800 569 4287 or use the CFPB counselor finder.
  4. Write down your monthly income and expenses. Every option starts with this number.
  5. Find out what the house is worth today. Recent sales on your street are a fair start.

Federal rules generally stop a servicer from making the first foreclosure filing until a loan is more than 120 days behind, and that window exists so you can apply for help. If a complete application reaches the servicer more than 37 days before a scheduled sale, the servicer generally cannot hold the sale while it is being reviewed. Getting the application in early is the single most useful thing you can do.

Your options, in the order to try them

Work down the list. Each one you rule out is still progress, because it tells you what the next call should be. The guide covers each one in more depth, including what it does to your credit and who to call.

Plan A: keep the house

OptionWhat it isBest whenTime it needs
ReinstatementPay everything past due, plus fees, in one payment. The loan carries on as before.You can raise the money, from savings, family or a 401(k) hardship withdrawal.Days
Repayment planPay the normal payment plus part of the past due amount each month until caught up.The hardship is over and your income can cover a bit more than the payment.2 to 4 weeks to set up
ForbearancePayments are paused or reduced for a set time, then repaid later.The hardship is temporary: a job gap, an illness, a disaster.1 to 3 weeks
Loan modificationThe loan terms change (longer term, lower rate, missed payments added to the balance) so the payment fits your income.Your income has dropped for good but can still cover a lower payment.30 to 90 days
Refinance or family helpA new loan or a family member pays off the old one.You have equity and your credit still qualifies, or family can step in.30 to 45 days
Chapter 13 bankruptcyA court plan to catch up over 3 to 5 years. Filing pauses a foreclosure sale.You have steady income and other debts too. A last resort: compare Plan B first, because a sale can keep more of your equity and your credit.Days to file

Plan B: leave on your own terms

OptionWhat it isBest whenTime it needs
List with an agentSell on the open market and keep what is left after the loan and costs.You have equity, the house shows well, and you have 60 to 90 days before any sale.60 to 90 days
Sell as is for cashA cash buyer takes the house in its current condition. No repairs, no showings.Time is short, the house needs work, or you want a sure closing date.2 to 4 weeks
Short saleThe lender agrees to accept less than you owe when the house sells.You owe more than the house is worth.60 to 120 days for lender approval
Deed in lieuYou hand the house to the lender instead of a foreclosure. Some lenders add moving money.You owe more than it is worth and there is no second loan or lien.30 to 90 days

Letting the house go to auction is the outcome every option above is trying to avoid. It usually brings the lowest price, the worst credit result and a move on someone else's date.

What is inside the free guide

Where you areFour stages, from one missed payment to a sale date, and what is still open at each.
Five things to do this weekA tick-off checklist, including the free counselor line.
Every option, in orderPlan A to keep the house, Plan B to leave on your terms: time, credit, who to call.
How many days you haveA table that says which options still fit before your sale date.
A worksheet to compare the numbersListing, a cash offer and the auction, side by side, with a pen.
Your servicer call script and logWord-for-word questions, plus a log for names, dates and amounts.
Papers to gatherThe six documents every servicer and counselor will ask for.
How to spot a scamSix warning signs, and what we will never ask you for.
The free guide's cover

Print it, fill it in, take it to the call

Thirteen pages you can print and fill in with a pen, or type into on screen and save. Every blank is a fillable field.

Get the free guide →

Protect yourself from foreclosure scams

Never pay an upfront fee to anyone who promises to stop a foreclosure, never stop talking to your servicer because someone told you to, and never sign your deed over to someone who says you can rent it back and buy it back later. See the CFPB's scam warnings. That includes us: we will never ask you for money.

Done everything above? Keep a written offer as your backstop

Work every option first. If keeping the house is not going to work, or you want a sure date while the lender decides, a written cash offer lets you compare a sale with a listing, a short sale or the auction using real numbers.

Step 1 of 5

Get a written backup offer

Send the address. We will send a written cash offer you can hold while you work on the loan. If another option beats ours, we will tell you.

  1. 1Address
  2. 2A few quick taps
  3. 3Written offer

You’ll talk to Trevor McAmis, Owner & Acquisitions Lead
(313) 710-6129

  • Written offer within 24 hours
  • Any condition — no repairs, no cleaning
  • No commissions; we cover standard closing costs
  • You pick the closing date

Takes about two minutes. Or call (313) 710-6129 — we answer.

Common questions

What is pre-foreclosure?
Pre-foreclosure is the time between falling behind on the mortgage and the foreclosure sale. The lender has started, or is about to start, the legal process, but you still own the house and every option in this guide is usually still open.
How long does pre-foreclosure last?
It depends on the state. Federal rules generally stop the first filing until you are more than 120 days behind. After that, states that foreclose without a court can reach a sale in a few months, while court states often take a year or more.
Can I stop a foreclosure once a sale date is set?
Often, yes. Paying what is past due, an approved modification or short sale, a sale of the house that closes first, or a bankruptcy filing can all stop or postpone a sale. If a complete loss mitigation application reaches the servicer more than 37 days before the sale, federal rules generally bar the sale while it is reviewed.
Will selling the house stop the foreclosure?
Yes, if the sale closes before the foreclosure sale and pays off the loan, or if the lender approves a short sale. The foreclosure ends and never goes on your record as one.
Is a short sale or deed in lieu better than foreclosure?
Usually, for your credit and for your next home loan. Ask whether the lender will waive any shortfall, because in some states you can be sued for it, and forgiven debt can count as taxable income. A tax professional can tell you how it applies to you.
What happens to my equity at a foreclosure auction?
Auctions often sell below market value. Anything paid above what is owed (the surplus) belongs to you, but you usually have to claim it. Selling before the auction normally keeps more of your equity.
Do I need to pay anyone to help me avoid foreclosure?
No. HUD-approved housing counselors are free. Never pay an upfront fee to anyone who promises to save your house.
Why does a home buying company publish this?
Because most owners we talk to are better off keeping the house, and we would rather you try every option first. If selling turns out to be the answer, we hope you will compare our written offer with the others.

Keep reading

Sources

  1. consumerfinance.gov
  2. consumerfinance.gov
  3. consumerfinance.gov
  4. consumerfinance.gov
  5. hud.gov
  6. irs.gov
Who you will be dealing with

Trevor McAmis

Owner & Acquisitions Lead, ReStar Acquisitions. (313) 710-6129 · More about us

Every offer on this site is underwritten by a person, not a form. If the numbers do not work for you, say so and I will tell you what would.

We are a cash home buyer, not attorneys, lenders or housing counselors. This page and the guide are general information, not legal, tax or financial advice. Rules differ by state; for your own situation, talk with a HUD-approved counselor or an attorney.