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Foreclosure Basics: Process, Timeline and Ways to Avoid It

Photo: Marlene Céline Nordvik / Unsplash

Foreclosure is the legal process a lender uses to take a home after missed mortgage payments. You usually have more time and more options than people expect, but acting early matters.

Judicial and non-judicial

  • Judicial foreclosure goes through a court and can take many months.
  • Non-judicial foreclosure follows a power-of-sale clause in the loan documents and state procedures without a lawsuit, and is often faster.
  • Which applies depends on your state and your documents.

The general timeline

  1. You miss payments, and the servicer contacts you.
  2. Federal mortgage servicing rules generally prevent a servicer from starting foreclosure until you are more than 120 days delinquent.
  3. You receive a notice of default or similar notice.
  4. Foreclosure proceeds under state law, with notices and, in some states, a court hearing.
  5. The home is sold at auction, and a redemption period may apply in some states.

Options to explore

  • A repayment plan or forbearance.
  • A loan modification that changes the terms.
  • Refinancing, if you qualify.
  • Selling the home or a short sale.
  • A deed in lieu of foreclosure.
  • Bankruptcy, which can pause the process.

Get free help

HUD-approved housing counselors give free or low-cost advice and can help you apply for options with your servicer. Legal aid offices can help with foreclosure defense. Never pay upfront fees to a company that promises to "stop foreclosure," since these are often scams.

Frequently asked questions

Can I be evicted right after foreclosure?

Not immediately in most places. The new owner must follow your state's eviction process, and some protections exist for tenants.

Do I owe money after the sale?

In some states a lender can seek a deficiency judgment for the remaining debt, and in others it is limited or barred.

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