Insight

Foreclosure in Your Future? Here are 4 Ways to Save Your Home from That Fate

Foreclosure in Your Future? Here are 4 Ways to Save Your Home from That Fate

Adam Leitman Bailey

Adam Leitman Bailey

July 29, 2021 11:14 AM

In 2020 the number of homeowners who have fallen at least three months behind on their mortgage payments has increased 250 percent.

As federal and state moratoriums blanket the country, more Americans have fallen behind on their mortgage payments at levels not seen since the Great Recession. Fox News reported this news on March 2 and the Consumer Financial Protection Bureau offered details in this article earlier this month.

The Consumer Financial Protection Bureau calculated that in 2020 the number of homeowners who have fallen at least three months behind on their mortgage payments has increased 250 percent to over two million households and is now at a level not seen since the height of the Great Recession in 2010.

These homes are estimated to owe almost $90 billion in deferred principal, interest, taxes, and insurance payments. Unfortunately, these numbers may not tell the complete picture because when the moratoriums soon expire and the lawsuits flood the courts, these numbers could be much larger.

However, if you fall into one of these groups, there are ways to save your home and avoid being foreclosed on if you act now. Here are my four top suggestions:

  1. Call Your Lender: Lenders Are Making Record Deals

Lenders are losing money because they are unable to foreclose on homes during the moratoriums.

Therefore, many lenders are offering special items on their menu to entice borrowers to pay their mortgage, including deferring loan payments to a later date or the end of the loan, deferring or lowering interest payments, lowering fees, and keeping you from defaulting on the loan in other creative ways.

  1. Sell Your Property and Price It Right

If you have already communicated with your lender and the payment plans and forbearance payments are just not in your budget, many of the markets in the nation are breaking records; you may make a profit by selling your home.

The key is to find a broker that is going to care about you, your property and most importantly that your property is priced to sell.

By pricing it to sell, the property will not stay on the market longer than you can afford. It may even create so much interest that it starts a bidding war, in which case several buyers might make offers to buy the property.

If this happens, it would likely raise the selling price.

  1. Read All of Your Mail Every Day

You cannot afford to miss your court date or an invitation from your lender to make a deal on your payments. All of your mail from your lender must not only be read but must be responded to immediately.

Too many homes have been lost because the borrower missed their court appearance or failed to call a lender back when the lender was offering lower payments.

  1. Save Your Money

As someone who has represented lenders for 27 years, I find that the second greatest enemy against paying the mortgage besides unemployment is blowing a paycheck on other bills and expenses.

Paying your mortgage is infinitely more important than that much-needed home renovation.

I cannot stress enough that the moratorium does not mean that the mortgage will never be due—these payments are only delayed temporarily.

Despite the chatter, even the United States Constitution prohibits the government from interfering with private contracts and therefore the payment of mortgages. This will result in a foreclosed home if payments are not made.

Adam Leitman Bailey is a real estate attorney and a New York Times bestselling author. Bailey is based in New York where he represents many of the largest lenders in America.

Trending Articles

2026 Best Lawyers Awards: Recognizing Legal Talent Across the United States


by Jamilla Tabbara

The 2026 editions highlight the top 5% of U.S. attorneys, showcase emerging practice areas and reveal trends shaping the nation’s legal profession.

Map of the United States represented in The Best Lawyers in America 2026 awards

Gun Rights for Convicted Felons? The DOJ Says It's Time.


by Bryan Driscoll

It's more than an administrative reopening of a long-dormant issue; it's a test of how the law reconciles the right to bear arms with protecting the public.

Firearms application behind jail bars

2026 Best Lawyers Awards in Canada: Marking 20 Years of Excellence


by Jamilla Tabbara

Honoring Canada’s most respected lawyers and spotlighting the next generation shaping the future of law.

Shining Canadian map marking the 2026 Best Lawyers awards coverage

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Best Lawyers 2026: Discover the Honorees in Brazil, Mexico, Portugal, South Africa and Spain


by Jamilla Tabbara

A growing international network of recognized legal professionals.

Map highlighting the 2026 Best Lawyers honorees across Brazil, Mexico, Portugal, South Africa and Sp

How to Sue for Defamation: Costs, Process and What to Expect


by Bryan Driscoll

Learn the legal standards, costs and steps involved when you sue for defamation, including the difference between libel and slander.

Group of people holding papers with speech bubbles above them

Build Your Legal Practice with Effective Online Networking


by Jamilla Tabbara

How thoughtful online networking supports sustained legal practice growth.

Abstract web of connected figures symbolizing online networking among legal professionals

Algorithmic Exclusion


by Bryan Driscoll

The Workday lawsuit and the future of AI in hiring.

Workday Lawsuit and the Future of AI in Hiring headline

Blogging for Law Firms: Turning Content into Client Connections


by Jamilla Tabbara

How law firms use blogs to earn trust and win clients.

Lawyer typing blog content on laptop in office

Reddit’s Lawsuit Could Change How Much AI Knows About You


by Justin Smulison

Big AI is battling for its future—your data’s at stake.

Reddit Anthropic Lawsuit headline

How to Choose a Good Lawyer: Tips, Traits and Questions to Ask


by Laurie Villanueva

A Practical Guide for Your First-Time Hiring a Lawyer

Three professional lawyers walking together and discussing work

The 2026 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

The region’s most highly regarded lawyers.

Map highlighting Chile, Colombia and Puerto Rico for the 2026 Best Lawyers Awards

Common-Law Marriage in Indiana: Are You Legally Protected?


by Laurie Villanueva

Understanding cohabitation rights and common-law marriage recognition in Indiana.

Married Indiana couple in their home

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

AI Tools for Lawyers: How Smithy AI Solves Key Challenges


by Jamilla Tabbara

Understand the features and benefits within the Best Lawyers Digital Marketing Platform.

Legal professional editing profile content with Smithy AI

Alimony Explained: Who Qualifies, How It Works and What to Expect


by Bryan Driscoll

A practical guide to understanding alimony, from eligibility to enforcement, for anyone navigating divorce

two figures standing on stacks of coins