Foreclosure Helper

Your options when you’re behind on a Washington mortgage

If you’re behind on a Washington mortgage, you can usually catch up in one payment (reinstatement), spread the arrears over a repayment plan, ask for forbearance or a loan modification, or refinance. If keeping the house isn’t realistic, a regular sale, a short sale, or a deed in lieu lets you leave on written terms.

Updated

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Where to begin

First, get the numbers. Call the number on your mortgage statement and ask the servicer for the total needed to bring the loan current today, the loss mitigation programs available for your loan type, and whether the loan has been referred to foreclosure. Keep notes of every call, with the date and the name of the person you spoke with. Keep every letter in one folder, in the order it arrived.

Then talk with a HUD-approved housing counselor. Their help comes at little or no cost, they know the servicers’ programs, and in Washington they can refer homeowners to the state’s foreclosure mediation program. HUD’s line for finding a counselor is 800-569-4287. If you’ve already received a notice of trustee’s sale, or if anything about your loan looks wrong, speak with a Washington attorney as well.

The options below fall into two groups. The first five are ways to keep the house. The last three are ways to leave it on terms you choose.

Reinstatement

Paying everything that’s past due, in one sum.

Reinstating means paying the full amount you’re behind, plus late charges and the foreclosure costs added so far, so the loan is current again and the foreclosure ends. After that, you resume the regular monthly payment as if nothing had happened.

Washington law gives borrowers a right to reinstate a deed of trust until eleven days before a scheduled trustee’s sale. The figure grows the longer you wait, because fees and costs keep accruing. Ask the servicer or the trustee for a written reinstatement quote with a good-through date, and pay with the method they specify.

When it tends to fit

You had a temporary setback and now have the money in hand: savings, a tax refund, help from family, or the proceeds of selling something else. If the money would come from a retirement account, ask a tax professional what the withdrawal will cost after taxes and any penalty.

Repayment plan

Catching up over a few months.

A repayment plan spreads the past-due amount across a set number of months. Each month you pay your regular payment plus a portion of what you missed, until the loan is current. Servicers offer these often, and after reinstatement they’re usually the simplest arrangement to make.

When it tends to fit

The hardship is behind you and your income is back where it was, with room to spare. If the combined payment would stretch you thin, a plan can fail partway through and leave you further behind than when you started. Be honest with yourself about the monthly number before you agree to it.

Forbearance

A pause, with the bill still waiting at the end.

In forbearance, the servicer agrees to reduce or suspend your payments for a period, often a few months. Interest usually keeps accruing. When the period ends, the skipped amount has to be handled somehow: paid in full, folded into a repayment plan, moved to the end of the loan, or addressed through a modification.

Ask at the start what happens when the forbearance ends, and get the answer in writing. The rules differ between conventional, FHA, VA, and USDA loans, and between servicers.

When it tends to fit

Your income dropped for a reason with an end date in sight, such as a medical leave or a layoff with a new job already lined up. Forbearance buys time. It doesn’t reduce what you owe.

Loan modification

Changing the loan so the payment fits.

A modification permanently changes one or more terms of your loan. A servicer might lower the interest rate, extend the term, add the past-due amount to the balance, or set part of the principal aside to be paid when the loan ends. The aim is a monthly payment you can sustain on the income you have now.

Expect paperwork: pay stubs, bank statements, tax returns, a hardship letter, and a monthly budget. Many servicers start with a trial period of several on-time payments before the change becomes permanent. Send everything they ask for, keep copies, and write down the date you sent it. Federal servicing rules give added protection to borrowers who submit a complete application well before a scheduled sale, which is one more reason to start early.

When it tends to fit

Your hardship is lasting, but you have steady income that could support a somewhat lower payment. If staying is the goal and the hardship won’t end soon, this is usually the first application to make.

Refinancing

Replacing the loan with a new one.

Refinancing pays off your current loan with a new loan on terms you can manage. With late payments on your credit report, qualifying with a conventional lender is difficult, and the options that remain can carry higher rates or fees. Read any offer closely, especially one that arrives unsolicited after a notice has gone out.

When it tends to fit

You have substantial equity and steady income, plus either a short delinquency or a co-borrower with strong credit. If a lender quotes you, compare the full cost of the new loan to the cost of the other options on this page.

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When keeping the house isn’t realistic

The goal changes. It becomes protecting what you can: the equity, if there is some, and your say over when and how you move.

The next three options are the ways to do that. Each ends with the loan settled on terms written down in advance, which is a very different morning from the one after a trustee’s sale.

Selling the home

Keeping the equity by choosing the sale yourself.

If you have equity, meaning the home is worth more than everything owed against it, a regular sale can pay off the loan, the arrears, and the costs of selling, and leave the rest with you. You set the price with your broker, you see every offer, and you negotiate a closing date around your move.

Timing matters. A listing needs time to prepare, show, go under contract, and close, and a scheduled trustee’s sale doesn’t wait for a buyer who is on the way. The earlier a sale starts, the more room it has.

When it tends to fit

Keeping the house no longer makes sense, or the payment won’t be affordable even after a modification, and there’s equity worth protecting. The details are on the page about selling before a trustee’s sale.

Short sale

Selling for less than you owe, with the lender’s approval.

When the home is worth less than the loan, the lender can agree to accept the sale proceeds and release its lien, even though the loan isn’t paid in full. The buyer’s offer goes to the lender for approval along with your hardship paperwork, and the review can take weeks or longer. If there’s a second mortgage or a line of credit, that lender has to agree too.

Ask how the lender will treat the unpaid difference, called the deficiency. Some approvals waive it and some don’t. Forgiven debt can also carry tax consequences. Get the terms in writing, and have an attorney and a tax professional review them before you sign.

When it tends to fit

You owe more than the home would bring, you can’t keep it, and you’d rather sell on terms the lender has approved in writing than lose it at a trustee’s sale.

Deed in lieu of foreclosure

Handing the home back to the lender by agreement.

A deed in lieu means you sign the property over to the lender voluntarily, and the lender releases you from the loan on terms you agree to in writing. Lenders usually want the title free of other liens, such as a second mortgage, and many want to see that you tried to sell first. Some programs include help with moving costs.

When it tends to fit

A sale hasn’t worked, you have little or no equity, and you want an orderly exit. As with a short sale, confirm in writing how any remaining balance will be handled.

Who to call, and in what order

Your loan servicer, for your numbers and their programs. The name and phone number are on your monthly statement, and the servicer may be a different company from the one that made the loan.

A HUD-approved housing counselor, for guidance at little or no cost, help with a modification application, and, if you qualify, a referral to Washington’s foreclosure mediation program.

A Washington attorney, for anything legal: a notice of trustee’s sale, a dispute about what’s owed, questions about bankruptcy, or the terms of a short sale or deed in lieu.

A real estate broker, if selling is on the table, so you know what the home would likely bring and how long a sale would realistically take. That part I can help with.

Every one of these options is easier to arrange before a notice of trustee’s sale is recorded.

A word of caution about rescue offers

Washington’s law on distressed property conveyances, chapter 61.34 RCW, covers foreclosure rescue schemes, where someone offers to save your home in exchange for the deed or a fee. A HUD-approved counselor can help at little or no cost. Be wary of anyone who asks you to sign over title or pay in advance, and have an attorney read anything before you sign it.

Questions about your options

What’s the difference between forbearance and a loan modification?

Forbearance pauses or reduces your payments for a set period, and the skipped amount still has to be repaid or resolved when it ends.

A loan modification permanently changes the terms of the loan, such as the rate, the length, or the balance, so the monthly payment fits the income you have now.

Can I still reinstate my mortgage after a notice of trustee’s sale?

Generally yes. Washington law lets a borrower reinstate until eleven days before the scheduled trustee’s sale.

Reinstating means paying the past-due amount plus the fees and costs added so far. Ask the servicer or the trustee for a written reinstatement quote with a good-through date.

What is a deed in lieu of foreclosure?

It’s an agreement to sign the home over to the lender voluntarily, in exchange for a release from the loan on terms written down in advance.

Lenders usually want the title free of other liens, and many want to see that you tried to sell first. Confirm in writing how any remaining balance will be handled.

Who can help me apply for a loan modification at little or no cost?

A HUD-approved housing counselor. Counselors know the servicers’ programs, help put the application together, and in Washington can refer eligible homeowners to foreclosure mediation.

HUD’s line for finding a counselor is 800-569-4287.

Which option should I look at first?

Start by asking your servicer for the amount needed to bring the loan current and the programs available for your loan, then talk with a housing counselor.

If the hardship has an end date, a repayment plan or forbearance may fit. If it’s lasting, a modification is usually the first application to make, and a sale belongs on the list if keeping the house no longer makes sense.

If you can’t tell which of these fits, call me.

Tell me what the servicer has sent and what you can realistically pay each month. I’ll tell you whether selling belongs on the list, and who to call about the options that don’t involve me. The call is private and costs nothing.

206.940.0942

Austin Hellickson, Managing Broker, LPT Realty. If a call feels like too much today, leave your number and a good time, and I’ll call you.