Foreclosure

If you’re facing a foreclosure or having trouble making your mortgage payments, this is the place for you. Learn about the foreclosure process, how you can make the most of that process, your rights under federal and state law, foreclosure do’s and don’ts, ways to delay a foreclosure, like filing for bankruptcy, and common foreclosure defenses. You’ll also find information on foreclosure alternatives, such as getting a loan modification, completing a short sale, or arranging a deed in lieu of foreclosure.

Below you'll find detailed yet easy-to-understand Foreclosure articles from our legal pros. These articles are organized by category to help you find what you're looking for.

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What is foreclosure? Get an overview of basic foreclosure terms, the steps in a foreclosure, and how to stop a foreclosure.

The terms of the mortgage or deed of trust you signed when getting your home loan usually define what constitutes default.

Generally, homeowners have to be more than 120 days delinquent before a foreclosure can begin.

If you’re behind in your mortgage payments, you might be able to avoid a home foreclosure with one of these options.

If you're facing foreclosure, you might be able to stop the process by filing for bankruptcy, applying for a loan modification, or filing a lawsuit.

Learn how you can slow down—or perhaps permanently stop—a foreclosure.

Learn about common defenses, like servicer mistake, and how you can protect yourself from foreclosure.

Foreclosure works differently in different states.

If a lender starts a foreclosure against you after the statute of limitations has expired, you can raise this issue as a defense.

If you're facing a foreclosure, find out when hiring a lawyer is a good idea—and when it might not be necessary.

How much a foreclosure lawyer will charge for legal fees depends on the fee structure.

Get guidance on handling part of a foreclosure case yourself, or finding free or low-cost legal help.

Lien priority determines the order in which creditors get paid following a foreclosure. If a lien has priority over another lien, it gets paid before the other lien.

Federal law can help you keep a mortgaged home you inherit.

You might be able to cancel your mortgage escrow account and pay property taxes and insurance on your own.

Learn how an HOA's Declaration of Covenants, Conditions, and Restrictions and bylaws differ.

In some states, homeowners' association liens are given a special status. These liens are called "super liens."

If you fail to pay homeowners' association dues or assessments, the HOA might foreclose.

If you fail to pay your property taxes, you could lose your home to a tax sale or foreclosure.

If your home was sold in a property tax sale, you might be able to get it back.

Learn about how tax sales work and how you might be able to reclaim your home after a tax sale.

If you default on your manufactured home loan, the lender might be able to take possession of it through repossession or foreclosure.

If you default on the lease or rent payments for the land your manufactured home sits upon, you could be evicted and have to move your home.

Mobile homes are unique investments; is one right for you?

If you are facing foreclosure, Chapter 7 bankruptcy can temporarily halt the process. Chapter 13 bankruptcy can help you catch up on missed payments and keep the home.

You might be able to avoid foreclosure by filing for Chapter 13 bankruptcy.

It's often advantageous to file for Chapter 7 bankruptcy before you lose your home to foreclosure.

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Learn what it means to “assume” a mortgage loan and how an assumption might be able help you avoid a foreclosure.

If you're struggling to pay your mortgage, you might be able to lower your payments with a loan modification.

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

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