What we verified in “Can't pay your mortgage? What to do in the first week”

Statements and where we checked them

The statements with rules, figures or dates, with the exact place in the source and the date we checked them.

1. The CFPB says to call your mortgage servicer as soon as you know you can't make your monthly payment and, if they have tried to reach you, to accept their calls; the phone number is on your monthly bill; your servicer is the company you send your mortgage payments to each month; ask to speak to a specialist about options for mortgage assistance, ask what options you have to stay in your home and keep asking questions until you understand what's next.

   Sources 2 · How to work with your mortgage servicer (last modified June 30, 2025): 'Call your mortgage servicer as soon as you know you can’t make your monthly payment'; 'make sure to accept calls from your mortgage servicer'; 'The phone number is on your monthly bill'; 'Your mortgage servicer is the company that you send your mortgage payments to each month'; 'Ask to speak to a specialist at your servicer about options for mortgage assistance'; 'Can you tell me what options I have to stay in my home?'; 'Keep asking questions until you understand what’s next' · Checked October 17, 2026

2. According to the CFPB, many homeowners whose mortgage is backed by HUD/FHA, USDA, VA, Fannie Mae or Freddie Mac are eligible for mortgage assistance, and if the loan is not backed by them you might still be eligible for similar assistance; the servicer must provide you the name, address and telephone number of who owns, insures or backs your loan.

   Sources 2 · How to work with your mortgage servicer: 'Many homeowners are eligible for mortgage assistance'; 'backed by HUD/FHA, USDA, VA, or Fannie Mae or Freddie Mac'; 'you might still be eligible for similar assistance'; 'The servicer must provide you the name, address, and telephone number of who owns, insures, or backs your loan' · Checked October 17, 2026

3. If you have a problem with your mortgage, you can submit a complaint to the CFPB, which forwards it to the company and works to get you a response, generally within 15 days.

   Sources 2 · How to work with your mortgage servicer, 'Submit a complaint': 'If you have a problem with your mortgage, tell us about your issue'; 'forward it to the company and work to get you a response, generally within 15 days' · Checked October 17, 2026

4. The CFPB says that if you can't pay or are worried about missing a payment, call your servicer right away; the number is on your monthly statement, in your coupon book or on the servicer's website, and if you don't know who your servicer is, a HUD-approved housing counseling agency can help; be ready to explain why you can't pay, whether the problem is temporary or permanent, your income, expenses and other assets like cash in the bank, and whether you are a servicemember with permanent change of station (PCS) orders; fill out a mortgage assistance application if your servicer gives you one; the servicer tells you which loss mitigation options, if any, it can offer; options it might make available include refinancing, a loan modification, a repayment plan, forbearance, a short sale or a deed-in-lieu of foreclosure.

   Sources 1 · If I can’t pay my mortgage loan, what are my options? (last reviewed August 28, 2026): 'call your mortgage servicer right away'; 'on your monthly mortgage loan statement, in your mortgage loan coupon book from your lender, or on your mortgage servicer’s website'; 'contact a HUD-approved housing counseling agency for help'; 'Why you are unable to make your payment'; 'Whether the problem is temporary or permanent'; 'Details about your income, expenses and other assets like cash in the bank'; 'permanent change of station (PCS) orders'; 'Fill out a mortgage assistance application, if your servicer gives you one'; 'They tell you what loss mitigation options, if any, they can offer you'; 'Refinance'; 'Get a loan modification'; 'Work out a repayment plan'; 'Get forbearance'; 'Short-sell your home'; 'deed-in-lieu of foreclosure' · Checked October 17, 2026

5. According to the CFPB, a HUD-approved housing counseling agency offers free, expert assistance on avoiding foreclosure: the counselor can discuss your situation and whether you qualify for any programs, help you understand your servicer's loss mitigation options, guide you through the process and paperwork, and help at little or no cost with budgeting and other money problems; the HOPE Hotline is open 24 hours a day, seven days a week, at (888) 995-4673; if you face imminent foreclosure or have been served legal papers, you might also need to consult an attorney.

   Sources 1 · If I can’t pay my mortgage loan, what are my options?: 'free, expert assistance on avoiding foreclosure'; 'Discuss your situation and whether you qualify for any programs or additional help'; 'Help you understand the loss mitigation options your servicer offers'; 'Guide you through the process of working with your servicer and any other programs and paperwork you may need'; 'Help you at little or no cost with budgeting, credit card debt, or other money problems'; '24 hours a day, seven days a week, at (888) 995-HOPE (4673)'; 'If you are facing imminent foreclosure or have been served with legal papers, you might also need to consult an attorney' · Checked October 17, 2026

6. The CFPB says you don't have to pay anyone to help you avoid foreclosure, because help is available at no cost from your servicer or a HUD-approved housing counseling agency; its scam warning signs are: being asked to pay upfront; a company guaranteeing it will get your mortgage terms changed or that you won't lose your home; being asked to sign over title to your home or to sign documents you don't understand; being told to send your payment to someone other than your mortgage company or servicer; an offer of a 'forensic audit'; being told to stop paying your mortgage; or a company claiming government affiliation or using a logo that looks like a government seal.

   Sources 1 · If I can’t pay my mortgage loan, what are my options?, 'Watch out for scams': 'You don’t have to pay anyone to help you avoid foreclosure'; 'available at no cost to you from your servicer, or through a HUD-approved housing counseling agency'; 'You’re asked to pay upfront for help'; 'guarantees it will get the terms of your mortgage changed'; 'guarantees you won’t lose your home'; 'sign over title to your home or to sign other documents you don’t understand'; 'send your payment to someone other than your mortgage company or servicer'; 'forensic audit'; 'You’re told to stop paying your mortgage'; 'affiliated with the government, or uses a logo that looks like a government seal' · Checked October 17, 2026

7. Under Regulation X, except as otherwise provided in the section, a servicer must establish or make good faith efforts to establish live contact with a delinquent borrower no later than the 36th day of delinquency and again no later than 36 days after each payment due date while the borrower remains delinquent, and then inform the borrower about loss mitigation options if appropriate; it must also send a written notice no later than the 45th day of delinquency that encourages the borrower to make contact, gives the phone number of assigned personnel and the servicer's mailing address, briefly describes examples of options that may be available, explains how to apply or get more information, and points to the CFPB or HUD list of homeownership counselors and HUD's toll-free number; partial exemptions apply, for example while a borrower is in bankruptcy.

   Sources 13 · 12 CFR §1024.39(a)–(c): 'Except as otherwise provided in this section'; 'a servicer shall establish or make good faith efforts to establish live contact with a delinquent borrower no later than the 36th day of a borrower's delinquency and again no later than 36 days after each payment due date so long as the borrower remains delinquent'; 'inform the borrower about the availability of loss mitigation options, if appropriate'; 'a servicer shall provide to a delinquent borrower a written notice'; 'no later than the 45th day of the borrower's delinquency'; 'A statement encouraging the borrower to contact the servicer'; 'The telephone number to access servicer personnel'; 'a brief description of examples of loss mitigation options that may be available from the servicer'; 'how to obtain more information about loss mitigation options'; 'the Bureau list or the HUD list of homeownership counselors'; 'Borrowers in bankruptcy'; 'Partial exemption' · Checked October 17, 2026

8. Under Regulation X, except as provided in §1024.41(j), §§1024.38 through 1024.41 do not apply to, among others, a servicer that qualifies as a small servicer or to reverse mortgage transactions; and the procedures in §§1024.39 through 1024.41 apply only to mortgage loans secured by a property that is the borrower's principal residence.

   Sources 12 · 12 CFR §1024.30(b)–(c): 'Except as otherwise provided in § 1024.41(j), §§ 1024.38 through 1024.41 of this subpart shall not apply to the following'; 'A servicer that qualifies as a small servicer'; 'any reverse mortgage transaction'; 'only apply to a mortgage loan that is secured by a property that is a borrower's principal residence' · Checked October 17, 2026

9. Under Regulation X, a servicer may not make the first notice or filing required by applicable law for any judicial or non-judicial foreclosure process unless the loan obligation is more than 120 days delinquent, the foreclosure is based on a violation of a due-on-sale clause, or the servicer is joining the foreclosure action of a superior or subordinate lienholder.

   Sources 14 · 12 CFR §1024.41(f)(1), Pre-foreclosure review period: 'A servicer shall not make the first notice or filing required by applicable law for any judicial or non-judicial foreclosure process unless'; 'A borrower's mortgage loan obligation is more than 120 days delinquent'; 'The foreclosure is based on a borrower's violation of a due-on-sale clause'; 'The servicer is joining the foreclosure action of a superior or subordinate lienholder' · Checked October 17, 2026

10. Regulation X states that nothing in §1024.41 imposes a duty on a servicer to provide any borrower with any specific loss mitigation option.

    Sources 14 · 12 CFR §1024.41(a): 'Nothing in § 1024.41 imposes a duty on a servicer to provide any borrower with any specific loss mitigation option' · Checked October 17, 2026

11. Under Regulation X, a complete application is one for which the servicer has received all the information it requires from the borrower, and the servicer must exercise reasonable diligence to obtain it; if it receives an application 45 days or more before a foreclosure sale, it must notify the borrower in writing within 5 days (excluding legal public holidays, Saturdays and Sundays) whether it is complete or incomplete and, if incomplete, which documents and information are missing and a reasonable date to submit them; if it receives a complete application more than 37 days before a sale, within 30 days it must evaluate the borrower for all available loss mitigation options and send a written notice of which, if any, it will offer.

    Sources 14 · 12 CFR §1024.41(b)–(c): 'A complete loss mitigation application means an application in connection with which a servicer has received all the information that the servicer requires from a borrower'; 'reasonable diligence'; 'If a servicer receives a loss mitigation application 45 days or more before a foreclosure sale'; 'Notify the borrower in writing within 5 days (excluding legal public holidays, Saturdays, and Sundays)'; 'either complete or incomplete'; 'the additional documents and information the borrower must submit'; 'a reasonable date'; 'more than 37 days before a foreclosure sale, then, within 30 days'; 'Evaluate the borrower for all loss mitigation options available to the borrower'; 'Provide the borrower with a notice in writing' · Checked October 17, 2026

12. Under Regulation X, if a borrower submits a complete application during the pre-foreclosure review period or before the first notice or filing, the servicer may not make that first notice or filing; and if the borrower submits it after the first notice but more than 37 days before a sale, the servicer may not move for foreclosure judgment or order of sale or conduct the sale; in both cases unless the servicer has notified the borrower that they are not eligible for any option (and the appeal does not apply, was not requested in time or was denied), the borrower rejects all options offered, or the borrower fails to perform under an agreement.

    Sources 14 · 12 CFR §1024.41(f)(2) and (g): 'If a borrower submits a complete loss mitigation application during the pre-foreclosure review period'; 'shall not make the first notice or filing'; 'but more than 37 days before a foreclosure sale, a servicer shall not move for foreclosure judgment or order of sale, or conduct a foreclosure sale, unless'; 'not eligible for any loss mitigation option'; 'The borrower rejects all loss mitigation options offered by the servicer'; 'The borrower fails to perform under an agreement on a loss mitigation option' · Checked October 17, 2026

13. Under Regulation X, if a servicer denies a complete application for any trial or permanent loan modification, its notice must state the specific reason or reasons; if it received the complete application 90 days or more before a foreclosure sale, or during the pre-foreclosure review period (before the loan is more than 120 days delinquent), it must let the borrower appeal a loan modification denial; the appeal can be made within 14 days after the decision notice, is reviewed by different personnel, and the servicer must respond within 30 days; that determination is not subject to further appeal.

    Sources 14 · 12 CFR §1024.41(d) and (h): 'the specific reason or reasons for the servicer's determination for each such trial or permanent loan modification option'; 'If a servicer receives a complete loss mitigation application 90 days or more before a foreclosure sale or during the period set forth in paragraph (f)'; 'permit a borrower to appeal'; 'within 14 days after the servicer provides the offer of a loss mitigation option'; 'reviewed by different personnel'; 'Within 30 days of a borrower making an appeal'; 'not subject to any further appeal' · Checked October 17, 2026

14. Under Regulation X, a servicer need not repeat the process if it already complied for a prior complete application and the borrower has been delinquent at all times since; a small servicer is subject to the 120-day rule before the first notice or filing and may not start or advance a foreclosure while the borrower is performing under a loss mitigation agreement; and the complete-application notice must state that the borrower may be entitled to additional protections under state or federal law.

    Sources 14 · 12 CFR §1024.41(c)(3)(i)(F), (i) and (j): 'That the borrower may be entitled to additional protections under State or Federal law'; 'unless the servicer has previously complied with the requirements of this section for a complete loss mitigation application submitted by the borrower and the borrower has been delinquent at all times since submitting the prior complete application'; 'A small servicer shall be subject to the prohibition on foreclosure referral in paragraph (f)(1) of this section'; 'if a borrower is performing pursuant to the terms of an agreement on a loss mitigation option' · Checked October 17, 2026

15. The CFPB advises making sure your servicer receives your complete application more than 37 days before the scheduled foreclosure sale, because otherwise, under CFPB rules, the servicer doesn't necessarily have to review it (although other rules might apply depending on your type of mortgage); if it arrives in time you should hear back in writing within 30 days; except in rare cases, the servicer can't start foreclosure until at least 120 days after you become delinquent; the time between the start of foreclosure and the sale depends on the laws in your state; and you can check with your county clerk's office or a legal services provider to learn how foreclosure works in your area.

    Sources 9 · What happens after I complete an application to determine my options to avoid foreclosure? (last reviewed April 3, 2024): 'Make sure your servicer receives your complete application more than 37 days before your scheduled foreclosure sale'; 'necessarily have to review your application'; 'your servicer might have to consider your application under other rules'; 'you should hear back from your servicer in writing within 30 days'; 'Except in rare cases, your servicer can’t start the foreclosure process until at least 120 days after you become delinquent on your loan'; 'depends on the laws in your state'; 'check with your county clerk’s office or legal services provider' · Checked October 17, 2026

16. According to the CFPB, in forbearance your servicer or lender lets you temporarily pause mortgage payments or make smaller payments; you still owe the full amount and pay back the difference later, because forbearance does not erase or decrease what you owe; some servicers require that forbearance be requested within a specified time after a disaster or other qualifying event; before accepting, ask how much you must pay and for how long, how interest accrues, and when and how you pay back the paused or reduced amounts, which can be all at once, through payments added at the end of the loan or a new loan, or through higher monthly payments for a set number of months.

    Sources 4 · What is mortgage forbearance? (last reviewed August 28, 2026): 'temporarily pause mortgage payments or make smaller payments'; 'You still owe the full amount, and you pay back the difference later'; 'Forbearance does not erase or decrease the amount you owe on your mortgage'; 'must be requested within a specified amount of time after a disaster or other qualifying event'; 'The amount you must pay, and for how long payments are paused or reduced'; 'How interest accrues during that time'; 'When and how you pay back the paused or reduced amounts'; 'you pay the whole amount back at once'; 'adding more payments at the end of your mortgage loan, or by taking out a new loan'; 'increasing your monthly payment' · Checked October 17, 2026

17. According to the CFPB, a repayment plan is an agreement with your lender to make up missed payments by adding part of the past-due amount to your regular payments over a period of time; the lender or servicer may consider your loan delinquent until you repay all missed payments and may still report the delinquency to the credit reporting agencies; don't sign anything until you're sure you understand what you are agreeing to, and if you can't afford the plan, other options might be available.

    Sources 5 · What is a repayment plan on a mortgage? (last reviewed January 2, 2025): 'an agreement between you and your lender to make up missed mortgage loan payments by adding part of the past-due amount to your regular payments over a period of time'; 'may consider your loan delinquent until you repay all of your missed payments'; 'may still report your delinquency to the credit reporting agencies'; 'sign anything until you’re sure you understand what you are agreeing to do'; 'might have other options available' · Checked October 17, 2026

18. According to the CFPB, with a deferral or partial claim your missed payments move to the end of your loan, or the amount is put into a subordinate lien you pay back only when you refinance, sell or terminate your mortgage; with a reinstatement or lump-sum payment you pay back everything missed during forbearance at once; for most government-backed loans servicers cannot require a lump sum, and if you only hear about a lump-sum repayment, ask about other options.

    Sources 7 · Exit your forbearance carefully (last modified September 30, 2026): 'With a deferral or partial claim, your missed payments move to the end of your loan, or the amount is put into a subordinate lien that you pay back only when you refinance, sell, or terminate your mortgage'; 'With a reinstatement or lump-sum payment'; 'For most government-backed loans, servicers cannot require you to pay a lump sum'; 'if you only hear about a lump-sum repayment, ask about other options' · Checked October 17, 2026

19. According to the CFPB, a loan modification is a change in your loan terms and a type of loss mitigation; it can reduce your monthly payment to an amount you can afford and may involve extending the number of years to repay, reducing your interest rate and/or forbearing or reducing your principal balance; if you receive a modification and still can't make the payments, you may lose your home; if offered one, understand how it will change your monthly payments and the total you will owe in the short and long term.

    Sources 6 · What is a mortgage loan modification? (last modified March 12, 2025): 'A mortgage loan modification is a change in your loan terms'; 'The modification is a type of loss mitigation'; 'reduce your monthly payment to an amount you can afford'; 'extending the number of years you have to repay the loan, reducing your interest rate, and/or forbearing or reducing your principal balance'; 'If you receive a loan modification and you still can’t make the payments, you may lose your home'; 'how it will change your monthly payments and the total amount that you will owe in the short-term and the long-term' · Checked October 17, 2026

20. The CFPB says that in most cases the worst thing you can do is nothing; it describes a modification as a change in loan terms in which all or some missed payments are added to what you owe and the loan could take longer to pay off; forbearance doesn't mean payments are forgiven or erased; it suggests considering refinancing if you haven't missed any recent payments; if you are leaving, don't just walk away: you can sell (if the home is worth more than you owe), request a short sale (which needs your servicer's approval) or offer a deed-in-lieu of foreclosure (which could mean not owing the remaining 'deficiency'); a short sale or deed-in-lieu requires requesting and submitting a complete application with supporting documents; and these options are typically less expensive and take less time than foreclosure, and can do less damage to your credit.

    Sources 3 · Avoid foreclosure (last modified September 30, 2026): 'In most cases, the worst thing you can do is nothing'; 'A modification changes the terms of your loan'; 'All or some of your missed payments are added to the amount you owe'; 'it could take longer to pay off your loan'; 'Forbearance doesn’t mean your payments are forgiven or erased'; 'if you haven’t missed any recent payments'; 'But don’t just walk away'; 'if it is worth more than you owe on your mortgage'; 'You’ll need approval from your mortgage servicer to complete a short sale'; 'an amount called a “deficiency.”'; 'send in a complete application and supporting documents'; 'typically less expensive and take less time than foreclosure'; 'They can also do less damage to your credit' · Checked October 17, 2026

21. According to the CFPB, housing counselors at HUD-approved agencies can develop a tailored plan of action and help you work with your mortgage company at no cost to you; and if you need a lawyer, you may qualify for free legal services through legal aid.

    Sources 3 · Avoid foreclosure, 'Get expert help': 'Housing counselors can develop a tailored plan of action and help you work with your mortgage company, at no cost to you'; 'you may qualify for free legal services through legal aid' · Checked October 17, 2026

22. According to the CFPB, HUD-approved housing counseling agencies provide foreclosure prevention counseling free of charge; a counselor can't promise you will get to keep your home; they will ask for loan information such as the amount you owe and the date of your last payment, and may ask about pay stubs, tax returns, recent bank statements and other monthly bills; you can also call the CFPB at (855) 411-2372 to be connected to a counselor.

    Sources 10 · What is a HUD-approved housing counseling agency, and how can they help me? (last modified September 13, 2024): 'provide foreclosure prevention counseling free of charge'; 'promise that you will get to keep your home'; 'such as the amount you owe and the date of your last payment'; 'pay stubs, tax returns, recent bank statements, and other bills you pay each month'; '(855) 411-CFPB (2372) to be connected to a housing counselor over the phone' · Checked October 17, 2026

23. According to the CFPB, if your mortgage does not have an escrow account you are responsible for paying property taxes and insurance, and you are responsible for any homeowners association (HOA) or condo fees during forbearance; if you stop making mortgage payments without a forbearance agreement, the servicer reports this to the credit reporting companies and it can have a lasting negative impact on your credit history.

    Sources 8 · Manage your money during forbearance (last modified December 12, 2024): 'If your mortgage does not have an escrow account, you are responsible for paying property taxes and insurance payments'; 'You are responsible for paying any Homeowners Association (HOA) or condo fees during forbearance'; 'If you stop making mortgage payments without a forbearance agreement, the servicer reports this information to the credit reporting companies, and it can have a lasting negative impact on your credit history' · Checked October 17, 2026

24. According to the CFPB, mortgage relief companies are not allowed to collect any fees until they have provided you with a written offer from your lender or servicer that you decide is acceptable, a written document from the lender or servicer describing the key changes to your mortgage if you accept, and a reminder that you have the right to reject the offer without any charge; you can report a company by submitting a complaint to the CFPB online or at (855) 411-2372, and contact your state attorney general's office.

    Sources 11 · What are mortgage loan modification scams? (last reviewed September 11, 2024): 'Mortgage relief companies are not allowed to collect any fees until they have provided you with the following'; 'A written offer from your lender or servicer that you decide is acceptable'; 'describing the key changes to your mortgage'; 'the right to reject the offer without any charge'; 'submitting a complaint with the CFPB online or by calling (855) 411-CFPB (2372)'; 'contact your state attorney general’s office' · Checked October 17, 2026

25. Under Regulation O, a mortgage assistance relief service provider may not request or receive payment of any fee or other consideration until the consumer has executed a written agreement with their loan holder or servicer incorporating the relief offer the provider obtained.

    Sources 16 · 12 CFR §1015.5(a): 'Request or receive payment of any fee or other consideration until the consumer has executed a written agreement between the consumer and the consumer's dwelling loan holder or servicer incorporating the offer of mortgage assistance relief the provider obtained' · Checked October 17, 2026

26. Under Regulation O, a mortgage assistance relief service provider may not represent, expressly or by implication, that a consumer cannot or should not contact or communicate with their lender or servicer.

    Sources 15 · 12 CFR §1015.3(a): 'Representing, expressly or by implication'; 'that a consumer cannot or should not contact or communicate with his or her lender or servicer' · Checked October 17, 2026

27. Regulation O exempts from the advance-fee ban an attorney who provides these services as part of the practice of law, is licensed in the state where the consumer lives or the home is located, complies with state law, and deposits funds received before performing legal services in a client trust account under state rules.

    Sources 17 · 12 CFR §1015.7(a)–(b): 'An attorney is exempt from this part, with the exception of § 1015.5, if the attorney'; 'Provides mortgage assistance relief services as part of the practice of law'; 'Is licensed to practice law in the state in which the consumer'; 'also exempt from § 1015.5 if the attorney'; 'Deposits any funds received from the consumer prior to performing legal services in a client trust account' · Checked October 17, 2026