Lending

Behind on Your Mortgage in the Sacramento Region? Your Options, in Plain Words

Calm, plain answers if you're behind on your mortgage: every option to stay or leave, California's foreclosure timeline and how to spot scams.

Talk to Maggie directly: cell (916) 549-3131 (text or call) · maggie@loveyoursurroundings.coMaggie B. Hopkins, NMLS #349517 · Surroundings NMLS #2528307

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I'm behind on my mortgage. What should I do first?

This page is general information, not legal advice. Take a breath. You have more options early than late, so the first step is simple: call your servicer. The CFPB's page "If I can't pay my mortgage loan, what are my options?" (last reviewed August 28, 2026) says to contact your servicer right away. Be ready to say why you can't pay, whether the problem is short-term or lasting, and what your income and expenses look like.

Then fill out any assistance application the servicer sends, and keep copies of everything. Write down who you spoke with and when. If foreclosure is close or you've been served legal papers, the CFPB suggests talking with an attorney.

Who can help me for free?

A HUD-approved housing counselor. HUD's "Avoiding Foreclosure" page (checked October 22, 2026) says HUD funds free or very low-cost housing counseling nationwide. You can reach a counselor through HUD at (800) 569-4287, or TTY (800) 877-8339. The CFPB also lists the HOPE Hotline at (888) 995-4673, open around the clock.

A counselor can explain your options, help you organize your paperwork and help you talk with your servicer. If you're an adult child helping a parent, you can join the call with your parent's permission.

What options might let me keep my home?

The CFPB lists several options a servicer may offer. Not every loan qualifies for every one.

  • Forbearance. Your servicer pauses or lowers payments for a set time. The CFPB's forbearance page (last reviewed August 28, 2026) is clear that you still owe the full amount and pay it back later, by lump sum, by adding it to the end of the loan or by spreading it over time.
  • Repayment plan. You catch up by paying a little extra each month until the past-due amount is gone. The CFPB's repayment plan page (last reviewed January 2, 2025) notes the servicer may still report the delinquency to credit bureaus until you're caught up.
  • Loan modification. The terms of the loan change to bring the payment to something you can afford. The CFPB (page last reviewed September 4, 2020) says that can mean a longer term, a lower rate or setting aside part of the balance. It suggests talking with a housing counselor first.
  • Refinance. A new loan pays off the old one. This usually needs income and equity, so it fits some situations and not others. See our refinance page.

What is an FHA partial claim?

It's an option for some borrowers with FHA loans. HUD Handbook 4000.1 (Update 18, issued August 12, 2026) describes a partial claim as FHA reimbursing your servicer for money it advances to bring your loan current. That amount becomes a zero-interest second loan, a subordinate note and mortgage in favor of HUD. The handbook says it must fully reinstate the mortgage.

Ask your servicer whether you qualify and what the second loan's terms say about when it must be repaid. Read the papers before you sign. If you have an FHA loan and want to learn more about the program itself, see our FHA loans page.

What if I can't keep the home?

Leaving can still be done on your terms. The CFPB's "Avoid foreclosure" page (last modified September 30, 2026) describes three paths:

  • Sell the home. If it's worth more than you owe, a regular sale pays off the loan and you keep the rest. The CFPB says this is usually better for your finances and credit than foreclosure. You don't need the servicer's approval, but tell them.
  • Short sale. You sell for less than you owe with the lender's approval. See our short sale page, including California's deficiency rule.
  • Deed in lieu of foreclosure. You give the home to the servicer and move out, after applying and getting approved.

If time matters more than top price, our sell as-is page explains a faster, simpler sale. If the home belonged to a parent who has passed, start with probate and trust sales.

How does foreclosure work in California?

Most California home loans use a deed of trust with a power of sale, so foreclosure usually happens without a court case. The required notice language in Civil Code 2924c (checked October 22, 2026) tells owners the home "may be sold without any court action." Here's the general order under Civil Code 2924 (checked October 22, 2026):

  1. Delinquency and review. Federal rules (CFPB Regulation X, 12 CFR 1024.41, checked October 22, 2026) generally bar a servicer from starting foreclosure until you're more than 120 days behind.
  2. Notice of default. A notice of default is recorded with the county. At least three months must pass before the next step.
  3. Notice of sale. A notice of sale sets the date, time and place. Civil Code 2924 says the sale date can be no earlier than three months and 20 days after the notice of default was recorded.
  4. The trustee's sale. The home is sold at auction unless the default is cured or another solution is reached.

This is a general outline. Timelines can stretch, and there are more notice rules than fit here. An attorney can tell you exactly where you stand.

Can I still catch up once a notice of default is recorded?

Often, yes. California Civil Code 2924c (checked October 22, 2026) gives a right to reinstate a monetary default, meaning you pay what's past due plus permitted costs. That right runs from the date the notice of default is recorded until five business days before the sale date in the recorded notice of sale.

Applying for help also matters. Under the CFPB's Regulation X (12 CFR 1024.41), if you send a complete loss mitigation application more than 37 days before a scheduled sale, the servicer generally can't hold the sale while it reviews that application. Ask your servicer what it has received and what is still missing.

How do I spot a foreclosure rescue scam?

People in hard times get targeted. The FTC's "Mortgage relief scams" page (September 2022) and the CFPB (blog last modified June 25, 2026) list warning signs. Walk away if someone:

  • asks for money upfront, especially by wire, cashier's check or a payment app,
  • tells you to stop paying your mortgage, or to pay them instead of your servicer,
  • asks you to sign over the deed or sign papers you don't understand,
  • promises you'll keep your home or get a modification,
  • offers a "forensic audit" to stop the foreclosure, or
  • tells you not to talk to your lender, a lawyer or a housing counselor.

The CFPB notes that mortgage relief companies can't collect fees until they give you a written offer from your lender that you decide to accept. HUD-approved counselors help for free.

How do you start a conversation about your options?

Call (916) 549-3131. We'll look at what you owe, what the home might be worth and which paths make sense. If keeping the home is possible, we'll say so. You can also send us a note or fill out the loan options form.

Worried about your credit afterward? Read credit after a short sale or foreclosure and our page on credit scores.

Frequently Asked Questions

What's the difference between forbearance and a loan modification?

Forbearance pauses or lowers payments for a while, and you still repay the full amount later. A modification changes the loan's terms to make the payment more affordable over the long run. The CFPB explains both.

How far behind do I have to be before foreclosure can start?

Federal rules under the CFPB's Regulation X generally bar a servicer from starting foreclosure until you're more than 120 days delinquent. Don't wait that long to call. Options are wider early.

Does California foreclosure go through court?

Usually not. Most California home loans use a deed of trust, and the required notice says the home may be sold without any court action. A notice of default comes first, then a notice of sale, then the trustee's sale.

Can I stop a foreclosure by paying what I owe?

Often you can reinstate. California Civil Code 2924c lets you cure a monetary default by paying past-due amounts and permitted costs until five business days before the sale date in the notice of sale.

Is a housing counselor really free?

HUD says it funds free or very low-cost housing counseling nationwide. Call HUD at (800) 569-4287 to find a HUD-approved counselor.

Someone offered to save my house for a fee. Is that legitimate?

Be very careful. The CFPB says relief companies can't collect fees until they give you a written offer from your lender that you decide to accept. Upfront fees, deed transfers and advice to stop paying are classic scam signs.

If I sell, do I need my lender's permission?

Not for a regular sale that pays off the loan. The CFPB says you don't need your servicer's approval but should let them know. A short sale does need lender approval.

Is this page legal advice?

No. It's general information. If you've received a notice of default or notice of sale, talk with an attorney about your own timeline.

Talk to Maggie directly: cell (916) 549-3131 (text or call) · maggie@loveyoursurroundings.coMaggie B. Hopkins, NMLS #349517 · Surroundings NMLS #2528307

Loans are arranged through Maggie B. Hopkins, NMLS #349517 · Surroundings NMLS #2528307. This is not a commitment to lend. All loans subject to credit approval and property qualification. Equal Housing Lender.

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