What You Need to Know

In some instances, panicked homeowners leave their home after missing a few mortgage payments or once a foreclosure is initiated. However, you have the legal right to remain in your home until the foreclosure process is completed.

If you don’t respond to a foreclosure lawsuit, the lender will ask the court for a default judgment.

If you respond to a foreclosure lawsuit, but don’t bring up any valid issues, the foreclosing party will likely ask the court for summary judgment.

Federal law, state law, and your mortgage contract provide you with protections and rights in a foreclosure.

A foreclosure “trustee” is the party who typically handles a nonjudicial foreclosure.

Get tips on what to do—and what not do—if you’re facing a foreclosure.

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

The 120-day foreclosure restriction under federal law applies to both payment-related breaches and non-payment-related breaches of the mortgage contract.

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

If you're behind on your mortgage payments, the loan servicer (on behalf of the lender) can charge various fees and costs. Learn about them.

Here's how to find out who owns your mortgage and who services it.

Mortgage servicing companies handle borrowers' accounts. Find out if you can change your mortgage loan servicer.

MERS registers and tracks assignments of mortgages and servicing rights, avoiding the costs of having to record each loan transfer.

Fannie Mae and Freddie Mac are government-sponsored enterprises that buy mortgage loans from banks and other lenders.

Empower Yourself: DIY Products by Nolo

Sidestep the lawyers with do-it-yourself books, documents, and software.

Facing foreclosure? Put together a plan. Take action.
Regain your financial freedom and fix your credit report with this pair of books designed to help you take control of your personal finances, get a hold of your spending, and make sure that your credit report is accurate.

Nolo offers hundreds of consumer-friendly, do-it-yourself legal products for all types of legal situations. Browse our full product list.

More Legal Issues

Click below to view more legal issues. Our extensive collection of legal topics ranges across different areas of practice.

Learn About Our Team

Learn About Our Team

Our editors have over 100 years of combined experience practicing law. These professionals have worked in a wide range of legal areas, from estate planning to criminal law to business formation and beyond. They’re experts at explaining complicated legal issues in easy-to-understand terms.

Learn more about the team that manages Nolo’s articles, books, and DIY tools.

Need a Lawyer? We Can Help

Find an experienced, local attorney in three easy steps. Our process is designed for ease and simplicity.

01

Describe Your Case

Briefly tell us about your case, and provide your contact information.

02

Get Connected

We find and instantly list attorneys that can best handle your case.

03

Hire an Attorney

Choose the attorneys you would like to work with.

Integrity and Expertise You Can Rely On

FACING FORECLOSURE ?
Talk to a Foreclosure attorney.
We've helped 75 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please enter a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Please enter a valid Case Description
Description is required
How It Works
  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you