Know Your Rights in the Foreclosure Process

Falling behind on your mortgage payments is a scary experience, and if it gets to the point where you are either in foreclosure, or at risk of it, it is important to know all of your rights. There are many laws and regulations in place designed to help ensure consumers are treated fairly and given the opportunities needed to get back on track financially. The following are some of your most important rights that you need to be aware of.

You Have to Be 120 Days Late

Federal laws state that you must be at least 120 days late in your payments before the mortgage company can actually move forward with the foreclosure process. They can tell you that you will be in foreclosure ahead of time, but actually filing for the foreclosure must wait. Of course, this doesn’t mean you want to wait until this point to start working to resolve your financial issues.

You Have the Right to Get Caught Up

If at any point before or during the foreclosure process you are able to make a payment that will get your account current, the mortgage company must take that payment. This payment would need to include not only the amount of the missed payments, but also any late fees and other penalties that have been assessed. The mortgage company does not have to take partial payments at this point.

The Mortgage Company Can’t Make Threats or Harass You

The mortgage company is not permitted to make any type of threats against you such as calling the police or saying that they will take any other action that they aren’t able to follow through on legally. In addition, they can’t harass you by calling late at night, contacting friends or family members and telling them about the foreclosure, or anything similar to that.

You Can Seek Alternative Solutions

You have the right to seek alternative solutions to get your mortgage caught up. There are many different programs available, including loan modifications. These programs are sometimes offered through the mortgage company itself, and other times through government agencies.


If you file for bankruptcy, it will put the foreclosure process on hold until the courts decide how your case should be discharged. This can buy you some time to get the funds needed to pay your mortgage, and in many cases, the bankruptcy court will help make it so your mortgage will be more affordable.

Get the Legal Help You Need

If you believe your mortgage company is not meeting their obligations, or you would like help through this complicated process, please contact the Law Office of Ray Garcia to go over all your options so you can make the best financial decision for your situation.

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Law Office of Ray Garcia, P.A.

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