Federal & State Foreclosure Protection Laws
Federal laws such as the Real Estate Settlement Procedures Act (RESPA) and Regulation X, which implements RESPA, offer protections to homeowners facing foreclosure. Loan servicers must, among other things, inform homeowners in writing about loss mitigation options. Federal law also prohibits dual tracking (pursuing a foreclosure while simultaneously working with the borrower on a loan modification).
In addition to federal foreclosure protections, many states have enacted their own laws to help homeowners avoid foreclosure. California, for instance, implemented the Homeowner Bill of Rights (HBOR). The HBOR requires servicers to contact the borrower in person or by telephone to assess the borrower's financial situation and explore options to avoid foreclosure.
If you’re looking for information about foreclosure procedures and protections in all states, visit our State Foreclosure Laws section.
Federal laws protect homeowners when facing foreclosure.
Federal law restricts when and how a mortgage servicer can make you pay for expensive lender placed insurance it buys on your behalf.
Learn what protections and rights California’s Homeowner Bill of Rights (HBOR) provide for homeowners facing foreclosure in California.
New York law requires the bank to send a 90-day notice to reverse mortgage borrowers before starting a foreclosure, as well as offer the opportunity to participate in a settlement conference.
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