Behind on the mortgage: what your options are

If you are behind and want to keep the house, time matters more than almost anything else. Do not wait for the letter that says it is too late.

Falling behind on a mortgage moves faster than most other debt problems, and the options narrow as it goes. If you want to keep the house, the most useful thing you can do is act earlier than feels necessary.

Talk to the servicer first

Mortgage servicers have loss-mitigation options — forbearance, repayment plans, loan modification — and they generally prefer them to foreclosing, which is expensive for them. Ask specifically what programmes you qualify for and get it in writing.

Keep a record of every call: date, name, what was said. Servicer records are famously inconsistent, and yours may end up being the better ones.

Get free help, not paid help

HUD-approved housing counselling agencies provide free foreclosure counselling. They know the programmes, they deal with servicers routinely, and they do not charge.

Be extremely wary of anyone who charges an upfront fee to “save your home,” asks you to make mortgage payments to them, or wants you to sign over the deed. Foreclosure rescue scams target people at exactly this moment.

Where Chapter 13 comes in

This is the specific thing Chapter 13 does that Chapter 7 does not. It can stop a foreclosure and let you cure the arrears — the missed payments — over the life of the plan, while you keep making current payments going forward.

It is not a cure-all. It requires income sufficient to sustain the plan payment plus the ongoing mortgage. But for a household that has recovered from the thing that caused the problem and simply cannot produce a lump sum, it is often the tool that fits.

The harder question

Sometimes the honest answer is that the house is not affordable any more, and keeping it means several more years of the situation that got you here.

That is a brutal conversation, particularly if children are in that house. But leaving on your own timing — a sale, a deed in lieu, a planned move — is a materially different experience from being removed on someone else’s. A good attorney and a good housing counsellor will help you look at it clearly rather than talk you into either answer.

The one rule

Do not stop opening the post. Foreclosure runs on deadlines, and almost every option you have is easier the earlier you use it.

General information, not legal advice. Bankruptcy law is federal, but what you get to keep is decided largely by state rules that change over time. Nothing here is a substitute for talking to a licensed attorney about your own situation. Last reviewed July 30, 2026.

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