I'm behind on my mortgage and could lose my home

How long

The date on your papers is the date to follow. Your state's law, not federal law, decides the steps, how long you have to answer court papers and how long passes before a sale, and this page gives no state number. Open every letter and read it the day it arrives: CFPB says to read your mail and any legal notices carefully and act promptly on them

Starts

the day a foreclosure notice, summons, court paper or notice of sale was sent to you. Count from the date on the paper or the day it was sent, whichever is earlier, not the day you opened it

If missed

a judge can rule against you without hearing your side, which is called a default judgment (CFPB describes it as a ruling against someone who did not appear in court, and says it includes foreclosure cases before a judge). In a state where the lender does not need to go to court, the steps toward a sale are carried out by written notices, so read each one the day it comes. Call legal aid or a HUD-approved housing counselor the day you see any court paper

It lets you

answer a court case if there is one: in a judicial foreclosure the case goes through a court, where the borrower can raise defenses. Ask your state housing office, legal aid or a HUD-approved housing counselor what your state requires, and ask about mediation, which CFPB says some states give before foreclosure. You can still ask your servicer for help while a case is going on: the FTC says to contact your servicer or lender at once, even if the foreclosure process has already started

Where this differs: Your state, and sometimes your county, decides. CFPB says foreclosure is done in one of two ways depending on the state: through a court (judicial), or without one, by a series of written notices under a power of sale clause (non-judicial). If you are in the military or left it within the last year, see the clock on military protection

Checked 10 October 2026 at Consumer Financial Protection Bureau (CFPB)

How long

Call your servicer today and send a complete application for help as early as you can. The servicer cannot make the first foreclosure notice or filing until you are more than 120 days behind, and a complete application that reaches it before the first filing stops that filing while the servicer decides. If a sale date is already set, a complete application must reach the servicer more than 37 days before the sale, or the servicer does not have to review it. If your servicer says your application is missing papers, send them by the date in its letter, and sooner if a sale is near

Starts

the day a payment became due and you did not pay it. Count from that due date, not from the day a letter arrives. If a foreclosure sale date has already been set, count back from the sale date instead

If missed

if your complete application reaches the servicer 37 days before the sale or less, the servicer does not have to review it under these federal rules, but your type of loan may bring other rules, so ask a HUD-approved housing counselor or legal aid the same day and still send the application. Waiting makes your choices fewer: do not wait for a first filing or a sale date

It lets you

make the servicer tell you in writing which options you can have to keep your home or, if that makes more sense, to leave it on better terms. While a complete application is being decided, the servicer cannot start foreclosure, and if a case has already started it cannot move for a judgment or hold the sale, as long as your complete application reached it more than 37 days before the sale (12 CFR 1024.41(f) and (g))

Where this differs: These rules cover a loan on your main home only, not a second home or an investment property, and not a reverse mortgage. They cover one complete application: if your servicer already reviewed a complete application from you and you have been behind ever since, it does not have to follow these steps for a new one (12 CFR 1024.41(i)), so ask a housing counselor before you count on them. There are rare exceptions to the 120-day rule, such as a due-on-sale clause or a servicer joining another lender's case. A small servicer (one that handles 5,000 loans or fewer) only has to follow the 120-day rule and the pause while you keep to an agreement: the 37-day rule and the other steps do not bind it. FHA, VA and USDA loans have extra program rules. Your state decides how long the steps between the first filing and a sale take: see the clock on foreclosure papers

Checked 10 October 2026 at Consumer Financial Protection Bureau (CFPB)

How long

Act by the dates in the servicer's letter: they come first. If it turns down a loan modification, your appeal has to be submitted within 14 days after the servicer denies you, and the servicer has to answer your appeal in writing within 30 days. If it offers you help, the letter says how long you have to accept: under 12 CFR 1024.41(e) the servicer may set that date no earlier than 14 days after the offer if your complete application reached it 90 days or more before the sale, or no earlier than 7 days after the offer if it reached it more than 37 days but less than 90 days before the sale

Starts

the date on the servicer's letter. Count from that date, not from the day the letter reaches you

If missed

the servicer may treat an offer you did not accept in time as turned down, and a late appeal may not be heard. Ask a HUD-approved housing counselor or legal aid the same day, and ask the servicer what other options remain

It lets you

accept an offer in time, or appeal. You can appeal only a denial of a loan modification, and only if your complete application reached the servicer at least 90 days before the foreclosure sale (or during your first 120 days behind). Someone who was not part of the first decision has to review your appeal. If the servicer then makes an offer, CFPB says you have 14 days to accept or reject it. If the servicer also offered you another option and you appeal the denial, CFPB says you then have 14 days from the time it upholds its decision to accept the original offer (12 CFR 1024.41(e)(2)(iii))

Where this differs: A small servicer (one that handles 5,000 loans or fewer) does not have to follow these steps. FHA, VA and USDA loans have extra rules and may give more options. The sale date and the court steps are set by your state: see the clock on foreclosure papers

Checked 10 October 2026 at Consumer Financial Protection Bureau (CFPB)

How long

Call a military legal assistance office (JAG) now if you are serving or left service within the last year. For a mortgage taken out before your service, CFPB says a lender generally cannot foreclose without a valid court order while you are on active duty and for an additional 12 months after leaving active duty. This protection applies whether or not you told your servicer

Starts

the first day of your military service, for a mortgage you took out before that service began. The extra period runs from your last day of service: count from that day

If missed

after the extra period ends this court-order rule no longer applies, but other help may: a housing counselor or legal aid can check what else covers your loan, and a Veteran can still get VA foreclosure counseling. Do not sign a waiver (a written paper giving up these rights) until a legal assistance office has read it: the law lets a servicemember waive these rights in writing, and a foreclosure made under such an agreement does not need a court order (50 U.S.C. 3918 and 3953)

It lets you

make the lender go to a judge before it can foreclose or sell the home. The same law protects you from default judgments, which are rulings against someone who did not appear in court, including in foreclosure cases before a judge. CFPB also says you can ask for the mortgage interest rate to be cut to 6 percent for the whole time you are on active duty and for an additional year after you leave. To get it, send your lender a written request with a copy of your military orders no later than 180 days after you leave service (50 U.S.C. 3937); send it as soon as you can

Where this differs: This covers a mortgage that began before your military service. Whether your kind of service counts is a question for a legal assistance office. A loan taken out during your service is not covered by the court-order rule. Your state also decides the foreclosure steps: see the clock on foreclosure papers

Checked 10 October 2026 at Consumer Financial Protection Bureau (CFPB)

How long

Write to your lender now with a payment offer you can keep, and keep a copy. The Pre-Action Protocol (the court's rules for lenders before a possession claim) says that if the lender does not agree to your proposal, it should give reasons in writing within 10 business days of the proposal. If you make an agreement and break it, the lender should warn you in writing, giving 15 business days' notice, before it starts a possession claim, unless you put the broken agreement right. If the lender decides not to postpone a claim, it must give you its reasons at least 5 business days before starting proceedings. These are the lender's duties, not your deadlines: do not count on any gap, and ask for help now

Starts

the day you first fall behind with a payment. Count from that missed payment, not from the lender's first letter. The lender should then send you the figures (what you owe, the arrears and any charges) and advise you to contact your local council's housing department

If missed

the lender can start a court claim: see the clocks on the defence form and the hearing. The court expects both sides to have followed the Protocol, and Citizens Advice says the judge will want to be sure they have. If the lender did not follow it, tell your adviser, but do not rely on that to save your home. Citizens Advice also says it is not a defence to say you cannot afford the mortgage, so bring an offer you can keep

It lets you

ask the lender to consider your offer and other ways to cope. The Protocol says the lender must consider a reasonable request to change the date of your regular payment (within the same payment period) or the way you pay, and that starting a possession claim should be a last resort. It lists things to consider, such as extending the term of the mortgage, changing the type of mortgage, deferring interest due or adding the arrears to the loan. It also lists times when a lender must not consider starting a possession claim if you can show them, such as a claim for Support for Mortgage Interest or Universal Credit, or on a mortgage payment protection policy, with all the evidence needed, or a confirmed appointment with a debt adviser. It says a lender must consider holding off while you take reasonable steps to sell the home at an appropriate price. Tell your lender in writing and send proof, and ask an adviser which of these fit you

Where this differs: England and Wales. GOV.UK says 10 days and 15 days' written warning, and Citizens Advice says at least 2 weeks' notice; the Protocol counts business days, which are any day except a Saturday, a Sunday, a bank holiday, Good Friday or Christmas Day. The Protocol covers first and second charge residential mortgages and unregulated residential mortgages, not buy-to-let mortgages (paragraphs 4.1 to 4.3). It describes what the court normally expects and does not change anyone's rights (paragraphs 2.1 and 2.2); the page was last updated 30 January 2017. Citizens Advice says mortgage arrears are a priority debt, to be paid before credit cards. Scotland and Northern Ireland have their own steps: see their clocks

Checked 10 October 2026 at Ministry of Justice (Civil Procedure Rules: Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property)

How long

Send the completed defence form back to the court within 14 days, counting from the day the court sent the papers, and send a copy to your lender. If your papers give a different date, follow your papers. Do not wait for the hearing date to send it back

Starts

the day the court sent the papers. Count from the date on the papers or the postmark, whichever is earlier, not the day you opened them. The court rules count 14 days from when the papers are treated as delivered, which can be later than the day they were posted, so counting from the day of posting is the safe way

If missed

send it anyway, today, and still go to the hearing. The court rules say that if you do not file a defence in time you may still take part in any hearing, but the court may take it into account when deciding who pays the costs. Citizens Advice says that if you have not sent the form back before the hearing, you can take it with you on the day. Go to the hearing whatever happens: if you do not attend, it is likely the judge will give your lender the right to evict you

It lets you

explain your side: what you owe, what you can pay each month towards the arrears, why you fell behind, and anything that has changed. The court sends the form with a copy of your lender's claim and a hearing date. If the form is hard to use, Citizens Advice says you can write what you want to say on a piece of paper instead. Free help with the form is available through the Housing Loss Prevention Advice Service. Citizens Advice says it is not a defence to say you cannot afford the mortgage, so include a payment proposal you can keep

Where this differs: England and Wales. GOV.UK's page says only that the law in Scotland is different, and Northern Ireland has its own courts: see their clocks. This is the form for a mortgage lender's claim. A landlord's claim uses a different form with its own clock (see the eviction guide). If your claim was filed online, your papers include a username and password for the court's online service: use that to reply, and do not send both a paper copy and an online reply (Citizens Advice)

Checked 10 October 2026 at GOV.UK (HM Courts & Tribunals Service)

How long

Go to the hearing, and take proof of your money, such as payslips, bank statements, job offers and letters about benefits. Go even if your lender tells you that you do not need to, and even if you have reached an agreement: GOV.UK says you still need to attend to tell the judge about it, unless the court tells you the hearing has been cancelled or postponed. If you do not attend the hearing, it is likely the judge will give your lender the right to evict you. If the judge makes an outright possession order, the date to leave is usually 28 days after your court hearing. If you do not leave by the date in the order, your lender can ask the court to evict you

Starts

the day the court sends you the claim papers, which include a hearing date. Citizens Advice says the hearing is usually within 8 weeks of the court sending you the papers. An order starts the day the judge makes it

If missed

after the date in an outright order your lender can ask the court to evict you. A money judgment can be added to a possession order, made up of your arrears, court fees and the lender's legal costs. If you have a suspended order and miss a payment in it, your lender can ask the court to evict you: ask for advice the same day. You must keep to any agreement you make in court, or you may still risk losing your home

It lets you

ask the judge for an order that lets you stay: GOV.UK lists delaying (adjourning) the hearing, a suspended order (you can stay if you make the regular payments set out in it) and, on some loans, a time order. If you have not had advice, the Housing Loss Prevention Advice Service gives free advice on the day at the court, and can represent you. After an order, you can ask a judge to suspend the warrant (the court's order for bailiffs to evict you): you need a hearing at short notice, before your eviction date, and a court fee, which may be waived if you are on benefits or low pay. The judge will not automatically agree. To appeal, ask the judge at the end of the hearing for permission, and ask what time limit applies. Get legal advice the same day: the court rules give 21 days from the decision to file an appeal unless the judge sets a different time, which can be shorter (Civil Procedure Rules, rule 52.12). GOV.UK says to make the application as soon as possible

Where this differs: England and Wales. The date to leave in your own order comes first: follow your order. GOV.UK says you can bring an adult adviser or friend, and hearings normally take place in a judge's chambers (a private room), not a court room. Citizens Advice says to arrive at least 30 minutes early. Scotland and Northern Ireland: see their clocks

Checked 10 October 2026 at GOV.UK (HM Courts & Tribunals Service)

How long

Contact your lender now and send it a payment proposal you can keep. If the lender turns your proposal down, it must give you its reasons in writing within 10 working days. If you make an agreement and break it for the first time, the lender must give you written notice, and it cannot apply to court before 15 working days have passed, counting the day you are taken to have received the notice as the first day. It cannot apply at all if you put the failure right in that time, so put it right as soon as you can. A working day is any day except a Saturday, a Sunday or a bank holiday in any part of the UK

Starts

the day you first fall behind. The Scottish Government's guidance says the lender should send you clear written information as soon as you are in arrears. If you make an agreement and break it, a second clock starts on the day you are taken to receive the lender's written notice: for a posted letter, when it would arrive in the ordinary post, and for an electronic notice sent to the address you gave the lender, the day after it was sent

If missed

if you do not attend or send someone to represent you, the sheriff may still grant the lender's application. If you did not appear and were not represented, you can ask the court to recall the decree (cancel its order) at any time before it has been fully carried out (section 24D): get advice that day. Read every notice the day it comes: a notice of default asks you to pay the arrears, and a calling-up notice ends the loan agreement and asks you to repay all of the loan. The date written in each notice is the date to follow. If you are asked to sign anything agreeing to shorten or skip the notice period in a calling-up notice, do not sign until an adviser has read it (1970 Act, section 19(10) and (10B))

It lets you

make the lender prove to the sheriff court that it followed these steps. For a home, a lender can only apply to the court by summary application (a quicker court process), and the court sets a date on which you can defend the case or make your case. The court may not grant the lender's application unless it is satisfied the lender followed the steps and that it is reasonable to grant it. If you attend or are represented, the court must consider the reasons you fell behind, your ability to pay within a reasonable time, what the lender did to help you, and whether you can find somewhere else to live (Conveyancing and Feudal Reform (Scotland) Act 1970, section 24). The lender must also tell your council, which then contacts you. Tell your lender in writing, with documents, about any step likely to pay what you owe: the Scottish Government's guidance says a lender must not apply to court if you show it, for example, a claim on a mortgage payment protection policy, an application to a government mortgage support scheme, or that the home is being actively marketed for sale, unless an exception applies. A spouse, civil partner or partner who lives in the home may also be able to take part in the court case as an 'entitled resident' (Citizens Advice Scotland)

Where this differs: Scotland only. These steps apply to a home (residential property) and come from the Applications by Creditors (Pre-Action Requirements) (Scotland) Order 2010, article 3. Citizens Advice Scotland says that handing back the keys to the lender (voluntary repossession) should always be a last resort. England and Wales and Northern Ireland have their own steps: see their clocks

Checked 10 October 2026 at legislation.gov.uk (Applications by Creditors (Pre-Action Requirements) (Scotland) Order 2010, article 3)

How long

Phone Housing Rights or a solicitor today, and send your lender a payment proposal you can keep. nidirect says the lender must give you its reasons for turning down your offer within ten working days, and that if you break an agreement the lender must warn you in writing and should give you 15 working days' notice of the action it will take. If the lender does not agree to you selling the home, it should give you its reasons at least five working days before starting any action. These are the lender's duties, not your deadlines: do not count on any gap. If you have mortgage payment protection insurance, claim on it and tell your lender: nidirect says your lender may postpone action. nidirect also says it is important to go to court on the date and time you are given, even if you cannot find all your papers

Starts

the day you first fall behind. If you get court papers (a summons) from your lender's solicitor, act the day they arrive: Housing Rights says a Notice of Hearing, with the date and time, follows after a week or so

If missed

a possession order can be made. After an order is granted but before actual repossession you can apply for a stay, but nidirect says you need to do it before the eviction is due to take place: a solicitor or Housing Rights adviser can help, and the application needs a summons and an affidavit (a sworn statement). nidirect gives no number of days for a stay, so do not wait for the eviction date

It lets you

put your best realistic proposal to the Master (a High Court judge) who decides whether to make an order for possession. The Master can adjourn (delay) the hearing, suspend a possession order or, after an order is made but before repossession, grant a stay (a pause on enforcement) for a set time. Housing Rights runs a court duty scheme, with advisers at repossession hearings who can give emergency advice and may go with you. If you offer to pay off some of the arrears each month, nidirect says the Master expects them to be cleared within a reasonable time, generally no later than the end of the mortgage term

Where this differs: Northern Ireland only: the High Court, a Master and the Housing Executive (not a council) apply here. nidirect gives day counts for the lender's steps but none for answering court papers, so the dates in your summons and Notice of Hearing are the dates to follow, and no number from England or Scotland applies. England and Wales and Scotland: see their clocks

Checked 10 October 2026 at nidirect (Northern Ireland government): Advice to avoid losing your home

How long

Claim Universal Credit, or Pension Credit if you are over State Pension age, as soon as you may need help, because help with mortgage interest starts late. GOV.UK says Support for Mortgage Interest (SMI) payments can start if you have got Universal Credit for 3 months in a row, when you have claimed income-related ESA for 39 weeks in a row, or from the date you start getting Pension Credit. If you already get benefits, check you will be better off before you claim Universal Credit: GOV.UK says those benefits might end and you will not be able to apply for them again, even if your claim is not approved. If you get Pension Credit, GOV.UK says it will stop if you or your partner claim Universal Credit

Starts

the day you start getting Universal Credit, income-related Employment and Support Allowance (ESA) or Pension Credit. Support for Mortgage Interest (SMI) is a separate claim, and you can apply for it from the date you start getting your benefit

If missed

SMI cannot help you pay missed mortgage payments (arrears), so it does not clear what you already owe, and it does not start for the first 3 months of Universal Credit. Until it starts, talk to your lender about what it can do, and keep a copy of every claim: the Pre-Action Protocol lists a claim for SMI or Universal Credit as a reason a lender should hold off from a court claim

It lets you

have the interest on your mortgage paid direct to your lender, normally. It is a loan: you repay it with interest when you sell or transfer ownership of the home. GOV.UK says you could speak to your lender before you apply, because some lenders can offer other help such as temporary payment holidays, interest-only payments or a longer mortgage term

Where this differs: Great Britain: GOV.UK. Northern Ireland has its own scheme, paid by the Department for Communities: nidirect gives the same waits (Universal Credit for three consecutive months, 39 consecutive weeks for other qualifying benefits), says any earned income while you are on Universal Credit affects when SMI can start, and says it cannot help with mortgage arrears. In Northern Ireland, claim through nidirect. Free help to work out whether you will be better off: Citizens Advice, or Advice NI in Northern Ireland

Checked 10 October 2026 at GOV.UK (Department for Work and Pensions)