Insight

Foreclosure in Your Future? Here are 4 Ways to Save Your Home from That Fate

Foreclosure in Your Future? Here are 4 Ways to Save Your Home from That Fate

Adam Leitman Bailey

Adam Leitman Bailey

July 29, 2021 11:14 AM

In 2020 the number of homeowners who have fallen at least three months behind on their mortgage payments has increased 250 percent.

As federal and state moratoriums blanket the country, more Americans have fallen behind on their mortgage payments at levels not seen since the Great Recession. Fox News reported this news on March 2 and the Consumer Financial Protection Bureau offered details in this article earlier this month.

The Consumer Financial Protection Bureau calculated that in 2020 the number of homeowners who have fallen at least three months behind on their mortgage payments has increased 250 percent to over two million households and is now at a level not seen since the height of the Great Recession in 2010.

These homes are estimated to owe almost $90 billion in deferred principal, interest, taxes, and insurance payments. Unfortunately, these numbers may not tell the complete picture because when the moratoriums soon expire and the lawsuits flood the courts, these numbers could be much larger.

However, if you fall into one of these groups, there are ways to save your home and avoid being foreclosed on if you act now. Here are my four top suggestions:

  1. Call Your Lender: Lenders Are Making Record Deals

Lenders are losing money because they are unable to foreclose on homes during the moratoriums.

Therefore, many lenders are offering special items on their menu to entice borrowers to pay their mortgage, including deferring loan payments to a later date or the end of the loan, deferring or lowering interest payments, lowering fees, and keeping you from defaulting on the loan in other creative ways.

  1. Sell Your Property and Price It Right

If you have already communicated with your lender and the payment plans and forbearance payments are just not in your budget, many of the markets in the nation are breaking records; you may make a profit by selling your home.

The key is to find a broker that is going to care about you, your property and most importantly that your property is priced to sell.

By pricing it to sell, the property will not stay on the market longer than you can afford. It may even create so much interest that it starts a bidding war, in which case several buyers might make offers to buy the property.

If this happens, it would likely raise the selling price.

  1. Read All of Your Mail Every Day

You cannot afford to miss your court date or an invitation from your lender to make a deal on your payments. All of your mail from your lender must not only be read but must be responded to immediately.

Too many homes have been lost because the borrower missed their court appearance or failed to call a lender back when the lender was offering lower payments.

  1. Save Your Money

As someone who has represented lenders for 27 years, I find that the second greatest enemy against paying the mortgage besides unemployment is blowing a paycheck on other bills and expenses.

Paying your mortgage is infinitely more important than that much-needed home renovation.

I cannot stress enough that the moratorium does not mean that the mortgage will never be due—these payments are only delayed temporarily.

Despite the chatter, even the United States Constitution prohibits the government from interfering with private contracts and therefore the payment of mortgages. This will result in a foreclosed home if payments are not made.

Adam Leitman Bailey is a real estate attorney and a New York Times bestselling author. Bailey is based in New York where he represents many of the largest lenders in America.

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights.

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipment

Introduction to Demand Generation for Law Firms


by Jennifer Verta

Learn the essentials of demand gen for law firms and how these strategies can drive client acquisition, retention, and long-term success.

Illustration of a hand holding a magnet, attracting icons representing individuals towards a central

Social Media for Law Firms: The Essential Beginner’s Guide to Digital Success


by Jennifer Verta

Maximize your law firm’s online impact with social media.

3D pixelated thumbs-up icon in red and orange on a blue and purple background.

ERISA Reaches Its Turning Point


by Bryan Driscoll

ERISA litigation and the laws surrounding are rapidly changing, with companies fundamentally rewriting their business practices.

Beach chair and hat in front of large magnify glass

How Client Testimonials Fuel Client Acquisition for Law Firms


by Nancy Lippincott

Learn how client testimonials boost client acquisition for law firms. Enhance credibility, engage clients and stand out in a competitive legal market.

Woman holding blurb of online reviews

Critical Period


by Maryne Gouhier and Armelle Royer

How the green-energy raw materials chase is rewriting geopolitics

Overhead shot of mineral extraction plant

Best Lawyers Expands With New Artificial Intelligence Practice Area


by Best Lawyers

Best Lawyers introduces Artificial Intelligence Law to recognize attorneys leading the way in AI-related legal issues and innovation.

AI network expanding in front of bookshelf