Alternatives to foreclosure
The dates that decide whether an application pauses a sale, and every option side by side for your loan type.
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Regulation X calculator
Your federal loss-mitigation dates
Enter the dates you know. The calculator counts the Regulation X deadlines from them — for you and for the servicer — using the same rules the advisor reads.
Enter dates to see your protection
Add the sale date (or the date your application became complete) to see which protections apply.
Servicer tries to reach you by phone or in person
By the 36th day after a missed payment, the servicer must make good-faith efforts to talk with you live and tell you about loss-mitigation options, if appropriate.
12 C.F.R. § 1024.39(a)
Needs a dateServicer’s dutyWritten early-intervention notice
By the 45th day, the servicer must send a written notice with examples of options, how to apply, and where to find HUD-approved housing counselors. It also assigns you contact personnel by then (§ 1024.40).
12 C.F.R. § 1024.39(b)(1)
Needs a dateServicer’s dutyEarliest “first notice or filing” for foreclosure (120-day rule)
A servicer may not make the first notice or filing that starts a foreclosure until the loan is more than 120 days delinquent (with narrow exceptions, like a due-on-sale violation). A complete application sent before that first notice holds the process until the servicer decides and any appeal ends. Which Texas notice counts as the “first notice” is a question to ask a lawyer or counselor.
12 C.F.R. § 1024.41(f)(1)
Needs a dateRule dateSend any application at least 45 days before a sale
If the servicer receives an application (even an incomplete one) 45 days or more before a scheduled sale, it must review it promptly and tell you in writing within 5 business days whether it is complete and, if not, what is missing and by when.
12 C.F.R. § 1024.41(b)(2)(i)
Needs a dateYour cutoffAcknowledgment letter due
Within 5 business days after receiving your application (if received 45+ days before a sale), the servicer must acknowledge it and say whether it is complete.
12 C.F.R. § 1024.41(b)(2)(i)(B)
Needs a dateServicer’s dutyLast day for a complete application to be protected (more than 37 days before the sale)
A complete application received more than 37 days before the sale must be evaluated for all options within 30 days, and the servicer may not conduct the sale while it decides, while an appeal is open, or while you are performing under an agreement. “More than 37” means at least 38 days before the sale date.
12 C.F.R. § 1024.41(c)(1), (g)
Needs a dateYour cutoffNotice that your application is complete
Within 5 business days after the application becomes complete, the servicer must tell you the date it was complete, that it expects to decide within 30 days, and which foreclosure protections apply.
12 C.F.R. § 1024.41(c)(3)(i)
Needs a dateServicer’s dutyWritten decision due
Within 30 days of a complete application (received more than 37 days before a sale), the servicer must evaluate you for every option it has and tell you in writing what it will offer, the time to accept, and any appeal right.
12 C.F.R. § 1024.41(c)(1)
Needs a dateServicer’s dutyTime you get to accept or reject an offer
If your complete application arrived 90 days or more before a sale, the servicer must give you at least 14 days to accept or reject an offer; if it arrived less than 90 but more than 37 days before, at least 7 days.
12 C.F.R. § 1024.41(e)(1)
Needs a dateYour cutoffAppeal deadline for a modification denial
If the complete application arrived 90 days or more before a sale (or before the first foreclosure notice), you may appeal a denial of any loan modification within 14 days after the decision. Different staff must review it.
12 C.F.R. § 1024.41(h)(1)–(2)
Needs a dateYour cutoffAppeal decision due
Within 30 days of your appeal the servicer must tell you whether it will offer an option. That decision cannot be appealed again.
12 C.F.R. § 1024.41(h)(4)
Needs a dateServicer’s duty
- • These dates are computed from the dates you entered. They are estimates to plan around, not a legal ruling — confirm with the servicer’s letters, a HUD-approved counselor or a lawyer.
- • The protections apply to one complete application. If you already had a complete application reviewed and have stayed behind since, the servicer may not have to repeat them (§ 1024.41(i)).
- • Small servicers follow only part of these rules (§ 1024.41(j)). Business days skip weekends and federal legal public holidays.
Comparator
Options side by side
Every way out — keeping the home, leaving on better terms, or a separate legal route — filtered by your loan type and the time left. Tick up to three to compare.
Your loan type
- Keep the home
Reinstatement (pay what is past due)
You pay the full amount past due — missed payments, late charges, and allowed fees and costs — in one lump sum, and the loan goes back to normal as if the default had not happened.
Common for your loanNo sale date yetCredit impact: lower
- Keep the home
Repayment plan
You pay your normal monthly payment plus an extra amount each month until the past-due balance is caught up.
Common for your loanNo sale date yetCredit impact: lower
- Keep the home
Forbearance (a pause or lower payment for a while)
The servicer lets you pay less or nothing for a set time during a temporary hardship. The skipped amount is still owed and is dealt with at the end (repayment, deferral, partial claim or modification).
Common for your loanNo sale date yetCredit impact: moderate
- Keep the home
Loan modification
The servicer permanently changes the loan terms — adding the past-due amount to the balance, extending the term, and/or lowering the rate — so the payment is affordable. Usually starts with a trial period of about 3 months.
Common for your loanNo sale date yetCredit impact: moderate
- Keep the home
Partial claim / payment deferral (move the arrears to the end)
The past-due amount is moved into a separate balance with no interest and no monthly payment, due when you sell, refinance or pay off the loan. Government loans call it a partial claim (a second lien to HUD or VA); Fannie Mae and Freddie Mac call it a payment deferral.
Possible — askNo sale date yetCredit impact: lower
- Keep the home
Refinance
A new loan pays off the old one, including the past-due amount. Hard to get while behind, but possible with strong income, equity or a co-borrower.
Rare for your loanNo sale date yetCredit impact: varies
- Leave on better terms
Sell or list the home (regular sale)
If the home is worth more than you owe, selling pays off the loan and you keep the rest (your equity). Listing early matters because sales take time.
Common for your loanNo sale date yetCredit impact: lower
- Leave on better terms
Short sale
The servicer agrees to accept less than what is owed from a sale to an unrelated buyer. You leave the home but avoid a foreclosure sale, and the deficiency may be waived.
Possible — askNo sale date yetCredit impact: moderate
- Leave on better terms
Deed in lieu of foreclosure
You sign the home over to the lender voluntarily, and it releases the loan. Usually requires trying to sell first and a clean title (no other liens).
Possible — askNo sale date yetCredit impact: moderate
- Leave on better terms
Cash for keys / relocation money
After a foreclosure sale, the new owner may pay you to leave by a date in good (broom-clean) condition instead of going through eviction. It can also be negotiated in a short sale or deed in lieu.
Possible — askNo sale date yetCredit impact: varies
- Other legal routes
Bankruptcy route
Filing bankruptcy creates an automatic stay that pauses a foreclosure; Chapter 13 can let you catch up the arrears over 3–5 years. It is a court process with serious consequences — talk to a bankruptcy lawyer or legal aid first.
Possible — askNo sale date yetCredit impact: serious
- Other legal routes
Tax help (property taxes and forgiven debt)
Unpaid property taxes can cause their own foreclosure, and forgiven mortgage debt can create a tax bill. The tax screen covers exemptions, deferrals for people 65+ or disabled, and Form 1099-C.
Possible — askNo sale date yetCredit impact: varies
Tick two or three cards to see them in a comparison table.
Education and preparation only — not legal advice, and no one can promise a result. Only your servicer or the loan’s owner decides eligibility. Free legal aid and HUD-approved housing counselors can review your situation.