Does my mortgage servicer have to help me avoid foreclosure?

Short answer

Many servicers must try to contact you and tell you about loss-mitigation options after you miss payments. That outreach duty is not a promise that you will receive a modification or other relief. The CFPB describes contact, written-notice, and assigned-contact timelines in calendar days after delinquency.

Full explanation

Missing payments does not automatically mean the servicer must change the loan. The CFPB says many servicers do have to work with you to see whether you qualify for ways to avoid — often called loss mitigation.

After you become delinquent, the servicer generally must try to reach you directly within the first 36 calendar days, and send a written notice no later than 45 calendar days that describes example options and how to apply or get more information. It also must have procedures to assign people as your point of contact within 45 calendar days. Those people should be reachable by phone, answer questions, give accurate information about available options and how to apply, and know the status of any application you submitted.

Those steps are process requirements. They do not mean a particular option will be approved, and they do not mean a foreclosure cannot proceed. If you have a problem, the CFPB lists a complaint channel — online or by calling (855) 411-CFPB (2372) — as one way to report a concern.

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