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No foreclosure filing until you are more than 120 days behind

12 C.F.R. § 1024.41(f)(1)

In plain words

Your servicer cannot make the first notice or filing to start a foreclosure until your loan is more than 120 days delinquent. This gives you time to apply for help. There are narrow exceptions, such as a due-on-sale violation.

Who is protected

Borrowers with a mortgage loan secured by their principal residence.

When it applies

  • Only while you are behind but have no foreclosure notice yet.
  • Only for conventional, FHA, VA, USDA or home-equity loans.
  • Only if the home is your primary residence.
  • Applies to small servicers too.
  • Only for a loan on the home you live in as your main home; reverse mortgages are exempt.
Check whether it applies to you

What you can do

  • Count your days of delinquency

    Find the due date of the oldest unpaid payment. Add it to your deadlines to see when day 121 falls.

    Open the tool
  • Use the time to apply for help

    Send a complete loss-mitigation application during these 120 days. A complete application sent before the first filing gives you more protection.

    Open the tool

Honest limits

  • It delays the first foreclosure step; it does not erase what you owe or stop a foreclosure after day 120.
  • It does not apply to a foreclosure based on a due-on-sale violation or when the servicer joins another lienholder's foreclosure.
  • This is general legal information, not legal advice, and it does not promise any result. A HUD-approved housing counselor or a lawyer can look at your facts.

The law

  1. Federal regulationRegulation X — 120-day pre-foreclosure review period

    12 C.F.R. § 1024.41(f)(1)

    Exact part: (f)(1)

    What it says: A servicer may not make the first notice or filing for any judicial or non-judicial foreclosure unless the loan is more than 120 days delinquent (with narrow exceptions).

    Read the official text
  2. Federal regulationRegulation X — small servicers

    12 C.F.R. § 1024.41(j)

    Exact part: (j)

    What it says: Small servicers are also bound by the 120-day rule.

    Read the official text

Court cases

  • Homeowner lostSame topic
    Martins v. BAC Home Loans Servicing, L.P.

    Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)

    a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable

  • Homeowner lostSame topic
    Lage v. Ocwen Loan Servicing LLC

    Lage v. Ocwen Loan Servicing LLC, 839 F.3d 1003 (11th Cir. 2016)

    a servicer's duty to evaluate a loss-mitigation application depends on its being submitted more than 37 days before the sale date scheduled at that time

  • Homeowner lostSame topic
    Gresham v. Wells Fargo Bank, N.A.

    Gresham v. Wells Fargo Bank, N.A., 642 F. App'x 355 (5th Cir. 2016) (per curiam) (unpublished)

    the federal dual-tracking bar applies only when the servicer receives a complete loss-mitigation application more than 37 days before the foreclosure sale

  • Homeowner lostSame topic
    Boren v. U.S. National Bank Ass'n

    Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)

    a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period

  • Homeowner lostSame topic
    Whittier v. Ocwen Loan Servicing, L.L.C.

    Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)

    a RESPA claim against a servicer fails without evidence of actual damages caused by the violation

  • Homeowner lostSame topic
    Milton v. U.S. Bank National Ass'n

    Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)

    an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced

Related rights

Federal regulationVerified Sep 23, 2026

No foreclosure while your complete application is being reviewed ("dual tracking")

12 C.F.R. § 1024.41(f)(2)

If you send a complete application for help before the foreclosure is started, the servicer cannot start the foreclosure until it has decided and any appeal is over. If you send it after the foreclosure started but more than 37 days before the sale, the servicer cannot ask for a foreclosure judgment or order of sale, or hold the sale, until it has finished the review — unless you are denied and the appeal is over, you reject the offers, or you do not follow an agreement.

Read this right
Federal regulationVerified Sep 23, 2026

A fair, on-time review of your application for help

12 C.F.R. § 1024.41(b)(1)

When you apply for help (like a loan modification), your servicer must tell you within 5 business days whether your application is complete and what is missing, if you applied 45 days or more before a sale. If your complete application arrives more than 37 days before a sale, the servicer must review you for every option it has and tell you its decision in writing within 30 days.

Read this right
Federal regulationVerified Sep 23, 2026

Early contact and help information when you fall behind

12 C.F.R. § 1024.39(a)

When you miss a mortgage payment, your servicer must try to reach you live (by phone or in person) by the 36th day of the delinquency and tell you about options to avoid foreclosure. By the 45th day it must send you a written notice explaining loss-mitigation options and how to get help, including housing counselors.

Read this right
Federal regulationVerified Sep 23, 2026

FHA loans: a meeting before foreclosure

24 C.F.R. § 203.604(a)(1)

If you have an FHA-insured mortgage, your lender must meet with you — or make a reasonable effort to arrange a meeting — before three full monthly payments are unpaid and at least 30 days before starting foreclosure. A reasonable effort means at least two verifiable attempts to contact you. HUD now decides how the meeting may be held.

Read this right
Federal regulationVerified Sep 23, 2026

FHA loans: the lender must look at ways to avoid foreclosure

24 C.F.R. § 203.605(a)

If you have an FHA-insured mortgage, your lender must review loss-mitigation options every month before four full payments are unpaid, and take the appropriate action. FHA options can include special forbearance, loan modification, a partial claim (an interest-free second loan from HUD to cover arrears), a pre-foreclosure sale, or a deed in lieu.

Read this right
Federal regulationVerified Sep 23, 2026

Appeal a denied loan modification

12 C.F.R. § 1024.41(h)

If your servicer denies you a loan modification and your complete application arrived 90 days or more before a sale (or before the foreclosure started), you can appeal. You have 14 days to appeal. Different staff must review it, and the servicer must decide within 30 days.

Read this right