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Missed a Mortgage Payment? Here's How the Foreclosure Clock Starts Ticking

Louisville News and Info January 15, 2025

 

Missing a mortgage payment can have significant consequences, and if the issue isn't addressed, it can ultimately lead to foreclosure. Understanding how this process works is crucial for homeowners to take action quickly and protect their property. Here's a step-by-step breakdown of what happens when payments are missed and how to stop the foreclosure clock.

What Happens When You Miss a Mortgage Payment?

Step 1: First Missed Payment (Day 1)

When a mortgage payment is missed, the homeowner is considered delinquent. Most lenders provide a grace period (typically 10–15 days) before charging late fees. At this stage, reaching out to the lender is vital to avoid further complications.

Step 2: 30 Days Late

Once the payment is 30 days overdue, the lender will typically contact the homeowner by mail, phone, or email to inform them of the missed payment. They may offer options for catching up. Ignoring these communications will only escalate the problem.

Step 3: 60 Days Late

After two missed payments, the lender will issue a formal notice, often referred to as a Demand Letter or Notice to Cure. This notice outlines that the loan is in default and immediate action is needed to prevent further consequences.

Step 4: 90 Days Late

At this point, the lender may file a Notice of Default (NOD) or a similar legal document, depending on your state's foreclosure laws. This officially starts the foreclosure process. During this time, homeowners still have a chance to catch up on payments within the redemption period, which varies by state.

Step 5: Foreclosure Process Begins

If the delinquency isn't resolved, the lender will initiate foreclosure proceedings. There are two types of foreclosure:

  • Judicial Foreclosure: Involves the courts and can take longer to complete.

  • Non-Judicial Foreclosure: Doesn't require court involvement and is usually faster.

Step 6: Auction or Home Sale

Once foreclosure is complete, the property is either sold at auction or becomes a Real Estate Owned (REO) property under the lender's control. At this point, the homeowner loses ownership of the property.

How to Stop the Foreclosure Process

If you're struggling with mortgage payments, there are several steps you can take to halt the foreclosure process and regain financial control:

  • Contact Your Lender Right Away: Many lenders have assistance programs for borrowers in distress, including loan modifications, forbearance, or repayment plans.

  • Consult an Attorney: A foreclosure attorney can help you understand your legal rights and explore potential defenses or solutions.

  • Refinance Your Loan: Refinancing can help lower monthly payments or pay off delinquent amounts, if you qualify.

  • Sell Your Home: If foreclosure is unavoidable, selling the home—even through a short sale—may be a better option to minimize damage to your credit.

Key Takeaways for Homeowners

When mortgage payments are missed, the foreclosure clock starts ticking. However, it's never too late to take action. By understanding the foreclosure timeline and exploring your options, you can protect your home and financial future.

If you're already facing foreclosure, seeking help from professionals like real estate agents or foreclosure specialists can make all the difference.

Experience the Difference

When you work with The Sokoler Team, you’ll immediately understand why clients think of Bob and his team as dedicated specialists who have mastered the skills needed for evaluating, marketing, and matching buyers and sellers.