Can I Lose My Home to Foreclosure If I Don’t Pay for Homeowners’ Insurance?

If you breach your mortgage contract's terms by not having homeowners’ insurance, you might face added costs and, eventually, foreclosure.

By , Attorney

Defaulting on a mortgage loan means failing to keep the promises you made by signing the promissory note and mortgage contract. Most notably, if you fall behind in payments, you're in default. Most homeowners know that if they don't make their mortgage payments, they could lose their home to foreclosure. But not everyone knows that if you default on the deal in some other way, you might face foreclosure as well.

The most common causes of default, other than nonpayment, are:

  • failing to pay the property taxes (when you don't have an escrow account)
  • transferring ownership of the home without the lender's permission, and
  • failing to pay the homeowners' insurance (when insurance isn't escrowed).

If your loan servicer doesn't collect money from you to pay the homeowners' insurance through escrow, you must find and pay for this insurance on your own, separate from the mortgage payments. If you fail to get or maintain insurance coverage, in most cases, you'll be in violation of the loan contract.

What Happens If You Don't Have Homeowners' Insurance In Place

If you fail to have homeowners' insurance as your loan contract requires, the servicer may then purchase insurance at your expense. This kind of insurance is called "force-placed" or "lender-placed" insurance. The cost of the force-placed insurance is then added to your mortgage debt, and you'll have to repay it—and it's usually expensive.

What Happens If You Don't Reimburse the Servicer

When you don't repay the amounts that the servicer advanced for force-placed insurance, this failure usually constitutes a default under the terms of the mortgage agreement. The lender can then accelerate the debt. In some cases, the lender must first provide you with notice before accelerating the debt and give you the opportunity to cure the default.

If you don't cure the default, in cases where you get this opportunity, or if you're unable to repay the outstanding mortgage loan balance, the lender can foreclose your home in the same manner as if you had fallen behind in payments.

Talk to a Lawyer

Loan servicers sometimes mistakenly buy expensive force-placed insurance even when the borrower already has other coverage in place. If your loan servicer wrongfully buys pricey property insurance on your behalf, you may send the servicer what's called a "notice of error," saying that it made a mistake on your account. If your servicer doesn't respond—usually it gets 30 business days to do so—consider talking to an attorney, especially if the servicer starts a foreclosure. Under federal law, the servicer is supposed to cancel the policy within 15 days after getting proof you have insurance and refund any duplicate coverage costs.

To learn about foreclosure procedures in your state, see Summary of State Foreclosure Laws.

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

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