How can I legally not pay my mortgage?

Asked by: Molly Marks  |  Last update: June 8, 2025
Score: 4.1/5 (67 votes)

Forbearance If you can't pay your mortgage because of temporary financial hardship, you can ask your lender for mortgage forbearance, which reduces or even suspends your mortgage payments for as long as 12 months until you can resume your payments.

What are my options if I can't pay my mortgage?

If there is a hardship, your servicer will explore mortgage assistance options with you. Options might include a repayment plan, loan modification, short sale or Deed-In-Lieu of foreclosure. If a mortgage assistance solution cannot be reached, and the account remains delinquent, your home may be foreclosed on.

What is considered a hardship for a mortgage?

Sudden financial hardships can occur for many reasons, such as job loss, illness, disability, natural disasters, or divorce. When something affects your ability to make your mortgage payments, a forbearance plan can provide breathing room to get back on track.

Is it possible to stop paying a mortgage?

If you're unable to make your mortgage payments, your lender can pursue a legal process known as foreclosure. If your lender forecloses on your home, they take ownership and can sell the property. Be warned – foreclosure can severely damage your credit history.

Can I give my house back to a mortgage company?

The answer to this question is yes, you can give your house back to the bank to avoid foreclosure in a process known as deed in lieu of foreclosure. Before pursuing this option, first look into a short sale, loan modification, or simply selling the property.

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What happens if you lose your job and can't pay your mortgage?

If you lose your job through no fault of your own, you might be able to get help with your mortgage payments. You could be eligible for assistance from the government, your mortgage servicer (working on behalf of the lender), or both. Some programs provide money to pay your monthly mortgage payments.

Is there anyway to get out of a mortgage loan?

Some ways to remove your name from a mortgage include refinancing, assuming or modifying the loan, and selling the house. While refinancing can offer the new loan borrower better rates, lender fees may be involved.

How long can I go without paying my mortgage?

Generally, the legal foreclosure process can't start until you are at least 120 days behind on your mortgage. After that, once your servicer begins the legal process, the amount of time you have until an actual foreclosure sale varies by state. If you are having trouble making your mortgage payments, act quickly.

What happens if you walk away from a mortgage?

What Are the Consequences of Walking Away From Your Mortgage? Homeowners who walk away from their mortgages can face harassment from collection agencies that try to collect mortgage payments. Plus, not making payments will damage their credit, making it hard to get credit down the road.

Can I put my mortgage on hold?

If you are unable to keep up with your regular repayments because of temporary financial stress, you can apply to your lender for a hardship variation. If your lender agrees, they will pause your repayments and add all interest charges on your home loan to the end of the loan term.

How do you qualify for mortgage forgiveness?

Only when the lender is convinced you will be unable to pay it back will it concede to forgiveness provisions. One way this happens is through a loan modification program — that is, you negotiate new terms for your original loan. You might get a lower payment in exchange for a lengthier payout period.

What is mortgage disability?

If you're unexpectedly injured or become ill, mortgage disability insurance will cover part or all of your mortgage payment until the end of your policy's benefit period (usually one to three years).

How many mortgage forbearances are you allowed?

If you qualify for deferment, you can request one for up to 12 payment periods under most circumstances. However, you cannot ask for these deferments consecutively. Once you apply for one, you should wait at least a year before you request another one.

What happens if you refuse to pay mortgage?

Key takeaways. If you miss one mortgage payment, lenders will often issue you a 15-day grace period to pay without incurring a penalty. If you miss four consecutive mortgage payments (or are 120 days late), most lenders begin the process of foreclosure on your home.

What is a foreclosure bailout loan?

A "foreclosure bailout loan" is a mortgage loan designed to stop a foreclosure. Usually, the foreclosure bailout loan will refinance the entire balance of the existing loan. But some lenders make loans in an amount that's just sufficient to reinstate the defaulted loan.

How to get out of a mortgage default?

If you've already defaulted on your mortgage, you may want to consider exploring:
  1. Reinstatement. A mortgage reinstatement plan typically involves making one lumpsum payment that brings your mortgage current and back into good standing.
  2. Repayment plan. ...
  3. Forbearance plan. ...
  4. Short sale. ...
  5. Deed-in-lieu.

How to legally stop paying your mortgage?

What options might be available?
  1. Refinance.
  2. Get a loan modification.
  3. Work out a repayment plan.
  4. Get forbearance.
  5. Short-sell your home.
  6. Give your home back to your lender through a “deed-in-lieu of foreclosure”

Can I give my house back to the mortgage company?

If you volunteer to willingly foreclose on your home, your lender will allow you to surrender your home in exchange for canceling the mortgage debt.

Can I get a break from paying my mortgage?

Mortgage forbearance is an option that allows borrowers to pause or lower their mortgage payments while dealing with a short-term crisis, such as a job loss, illness or other financial setback. This can help protect struggling borrowers from becoming delinquent with payments, as well as avoid foreclosure.

How many mortgage payments can you miss before repossession?

Key Takeaways. In general, a lender won't begin foreclosure until you've missed four consecutive mortgage payments. Timing can vary from lender to lender, as well as the state of the housing market at the time. Lenders generally prefer to avoid foreclosure because it is costly and time-consuming.

How long does the legal process of foreclosure take?

Judicial foreclosures vary depending on your state. In California, this process can take two to three years. A nonjudicial mortgage foreclosure can take about 120 days, or four months, to complete. Judicial foreclosures vary depending on your state.

Do mortgage companies ever let you skip a payment?

A skip-payment mortgage is a home loan product that allows a borrower to skip one or more payments without any penalty. The interest accrued during the skipped periods will instead be added to the principal, and monthly payments will then be recalculated once they resume.

Can I sue my ex for not paying the mortgage?

You can take legal action against them for breaching the agreement you both made or seek a court order to force the sale of the property. It's important to consult with a lawyer to understand your legal rights and options and to make the best decisions for your situation.

What happens if you abandon a house with a mortgage?

If the borrower, now a homeowner, defaults on their loan, the lender then has the legal right to foreclose on the property and have it sold to reduce the debt that is owed to the creditor.

How to remove someone from a mortgage without refinancing?

Typically, removing a name from a mortgage could require you to pay off the loan in full or refinance it with a new loan. But, there are alternatives where you can take over the loan without paying off it off or refinancing. These could include mortgage assumption, loan modification and bankruptcy.