Help for Homeowners with FHA Loans

If you have an FHA-insured loan and are struggling to make mortgage payments, HUD has programs to help you avoid foreclosure.

The Federal Housing Administration (FHA), which is a part of the U.S. Department of Housing and Urban Development (HUD), offers several options to homeowners who have FHA-insured loans and are facing foreclosure. (To learn about programs that can help you if you don't have an FHA-insured loan, see our Alternatives to Foreclosure area.)

HUD's Loss Mitigation Policy

Under HUD policy, the lender must review a borrower who has a FHA-insured loan and is behind in payments (or about to fall behind) for loss mitigation—foreclosure avoidance—options.

The lender must evaluate the borrower using a process called a "waterfall" to determine which, if any, of the below options are appropriate. Under the waterfall, a borrower might qualify for a:

  • forbearance
  • loan modification
  • partial claim
  • pre-foreclosure sale (short sale), or
  • deed in lieu of foreclosure.

Informal or Formal Forbearance

Under a forbearance plan, the borrower makes reduced payments, or does not have to make payments, for a specific time period.

Informal Forbearance. An informal forbearance plan is an oral agreement between the lender and borrower. The lender agrees to let the borrower make reduced payments or to stop making payments for a period of three months or less.

Formal Forbearance. A formal forbearance plan is a written agreement that allows the borrower to make reduced payments or to stop making payments for a period greater than three months, but not more than six monthsunless otherwise authorized by HUD.

FHA Special Forbearance for Unemployed Homeowners

HUD's Special Forbearance-Unemployment option is for borrowers who have become unemployed and can't continue to make their monthly mortgage payments. The following conditions must be met at the time the borrower signs the plan:

  • The payments must be at least three months past due (61 Days Delinquent), but not more than 12 months due and unpaid.
  • The home must not be in foreclosure, or a foreclosure action must have been suspended or canceled.
The borrower must meet the following eligibility requirements, among others:
  • The borrower recently experienced a verified loss of income or increase in living expenses due to loss of employment.
  • The borrower must own and occupy the property as a principal residence.

Loan Modification

A loan modification is a permanent change to one or more terms in the borrower's mortgage. For example, a modification might:

  • lower the interest rate
  • capitalize the delinquent principal, interest, or escrow amounts
  • extend the time the borrower has to repay the mortgage, and/or
  • re-amortize the balance due.

Partial Claim

A partial claim is an interest-free loan from HUD to get caught up on the overdue payments. The loan does not have to be repaid until the first mortgage is paid off or until the borrower no longer owns the property.

Partial claims are sometimes completed along with a loan modification.

Pre-Foreclosure Sale (Short Sale)

A pre-foreclosure sale (short sale) is when the borrower sells the home for less than the amount owed on the mortgage loan. In a FHA pre-foreclosure sale, the lender can't get a deficiency judgment.

Deed in Lieu of Foreclosure

With a deed in lieu of foreclosure, the borrower voluntarily offers the home's deed to HUD in exchange for a release from all obligations under the mortgage. In a FHA deed in lieu of foreclosure, the lender can't get a deficiency judgment.

For More Information

To learn more about loss mitigation options for FHA-backed loans, go to www.hud.gov and search for "Loss Mitigation Services for FHA Homeowners." To learn what options are available in your particular situation, contact your lender or loan servicer directly. Be sure to mention you have a FHA-backed loan.

Talk to a Lawyer

Start here to find foreclosure lawyers near you.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
FEATURED LISTINGS FROM NOLO
Swipe to view more
FACING FORECLOSURE ?

Talk to a Foreclosure attorney.

We've helped 75 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you