If you've missed a mortgage payment, you're not alone. Federal law gives you specific rights to cure the default and avoid foreclosure. The key is to act quickly and know how to respond to your lender's notices.
Based on federal consumer protection law and HUD/CFPB public guidance · Last reviewed July 2026
The Direct Answer
If you miss a mortgage payment, you have the right to bring your loan current and avoid foreclosure by making the missed payment, plus any late fees, within a specified timeframe. This is known as the 'reinstatement period' under the Real Estate Settlement Procedures Act (RESPA).
Your lender must also provide you with a written notice of default and an opportunity to cure the default before starting foreclosure proceedings. You have 36 days to respond to this notice and make the necessary payments to avoid foreclosure.
Do not ignore notices from your lender, as this can lead to acceleration of the foreclosure process and limit your options for bringing the loan current.
Understanding Your Rights Under RESPA
The Real Estate Settlement Procedures Act (RESPA) requires lenders to provide borrowers with certain notices and opportunities to cure defaults. Under RESPA, you have the right to receive a written notice of default and an opportunity to make the necessary payments to bring the loan current.
RESPA Notice Requirements
Notice of default: Your lender must provide you with a written notice of default, stating the amount needed to bring the loan current and the deadline for making the payment.
Reinstatement period: You have 36 days to respond to the notice and make the necessary payments to avoid foreclosure.
TILA Right of Rescission
The Truth in Lending Act (TILA) gives you the right to rescind certain mortgage transactions within three days of closing. However, this right is generally not applicable to missed payments.
Exceptions
Refinances: If you've refinanced your mortgage, you may have a right of rescission under TILA.
Home equity loans: TILA also applies to home equity loans and lines of credit.
Responding to Lender Notices
When responding to lender notices, it's essential to act quickly and follow the instructions provided.
Steps to Take
Contact your lender to confirm the amount needed to bring the loan current and the deadline for making the payment.
Make the necessary payments to bring the loan current, including any late fees.
Keep records of all correspondence with your lender, including dates, times, and amounts paid.
Filing Complaints
If you believe your lender has violated RESPA or TILA, you can file a complaint with the Consumer Financial Protection Bureau (CFPB).
How to File a Complaint
Visit the CFPB website and submit a complaint online.
Call the CFPB hotline to file a complaint over the phone.
Mail a written complaint to the CFPB.
Take Control of Your Mortgage
Don't let a missed payment lead to foreclosure. Take action now to bring your loan current and protect your home. Contact your lender and seek assistance from a HUD-approved housing counselor if needed.
What happens if I don't respond to the lender's notice?
If you don't respond to the lender's notice, the lender can accelerate the foreclosure process, and you may lose your opportunity to bring the loan current. It's essential to act quickly and follow the instructions provided in the notice.
Can I negotiate with my lender to modify my loan?
Yes, you can try to negotiate with your lender to modify your loan. This may involve reducing your monthly payments, extending the loan term, or temporarily suspending payments. However, the lender is not obligated to agree to a modification.
What is the difference between a notice of default and a notice of acceleration?
A notice of default is a written notice from the lender stating that you are behind on your mortgage payments and need to bring the loan current. A notice of acceleration, on the other hand, is a notice that the lender is accelerating the foreclosure process and demanding full payment of the loan.
Can I seek assistance from a housing counselor?
Yes, you can seek assistance from a HUD-approved housing counselor. These counselors can help you understand your options, negotiate with your lender, and develop a plan to bring your loan current.