The First 72 Hours

Which Foreclosure Process Applies To You?

The process used for your loan affects the notices and deadlines you face. Does your foreclosure go through a court case, or can it proceed without one? A state may allow more than one route, so check your loan documents and notices—not just the state you live in. Ask local legal aid which process applies before relying on any deadline. CFPB: How foreclosure works.

AFTER A FORECLOSURE SALE The deadline to leave and the process for obtaining possession depend on state law and whether you own or rent the home. In some states you may have only days after the sale; in others, you may have longer. Do not assume the sale date is automatically your move-out deadline or that a separate eviction lawsuit is required in every state. Ask local legal aid to review your notices and deadlines promptly. CFPB: How long can I stay after foreclosure?

Work Down This List In Order

1. Reach The Right Help For Your Stage Today

   Sale date or eviction notice: call legal aid or a foreclosure attorney today; timing can change what is still possible.

   Home not sold, trying to keep it: call a HUD-approved housing counselor at 1-800-569-4287 (find an agency near you) and ask for your state foreclosure-prevention or mediation program.

   Housing instability, displacement, or rehousing: find local SSVF providers and veteran-family support organizations for direct screening and case coordination. For a VA referral, call the VA National Call Center for Homeless Veterans at 1-877-424-3838. This national line is not a local SSVF provider.

   Local food, utilities, rent, and resource discovery: dial 211.

2. Gather Your Documents

   • COVID forbearance approval letter
   • Every modification offer (rate + new payment)
   • All servicer letters & denial notices
   • Your original payment & rate
   • Any sale-date or eviction notice

3. Start A Call Log

   For every call, write the date, who you spoke with, and what they said. Save every letter, email, and voicemail. Your records may be the only running account of what happened, they matter.

4. Ask Your Mortgage Company (Servicer)

   Use the questions below to request answers in writing. The CFPB provides sample mortgage-servicer error and information-request letters; check your servicer’s designated address before sending one. Continue To Step 5 when you are ready; the detailed VA questions and protections remain here to review.

   Questions About Assistance And Your Payment

   You can copy these questions into a message to the company that handles your mortgage payments.

   • “Can I apply for the VA Partial Claim through your company now? If not, when will you begin accepting applications?”
   • “If you are offering this modification without prior VA approval under 38 C.F.R. § 36.4315(a), what Freddie Mac weekly rate and date did you use? Is the selected rate at or below that benchmark plus 0.5 percentage point and no more than 1 percentage point above my current rate?”
   • “If either condition is not met, what VA approval or different current VA modification pathway are you using? Please identify the policy section and the approval date in writing.”

   Get answers in writing.

   Run the mortgage-relief file check → It separates modification-rate math, loss-mitigation review dates, short-sale accounting and foreclosure timing so you do not apply one rule to the wrong transaction.

   Questions About Foreclosure Or A Scheduled Sale

   Your paperwork may use different names. Foreclosure can proceed through a court (“judicial foreclosure”) or through a process outside court (“nonjudicial foreclosure”). In some states, the auction is called a trustee’s sale. A notice using that term still concerns foreclosure; you do not need court papers for the risk to be real. How foreclosure works.

   Questions you can copy and send:

   • “Have you started foreclosure proceedings on my loan? Is a foreclosure sale, including a trustee’s sale, scheduled? Please provide the current status and any sale date in writing.”
   • “Is my application for mortgage assistance complete? What date did you receive the complete application? If anything is missing, please list exactly what you need.”
   • “While you review my application, which foreclosure steps are paused, and which are continuing? If you are continuing, please explain the basis in writing.”

   What This Means For Your Family

   Foreclosure during an assistance review. “Dual tracking” means the mortgage company is moving toward foreclosure while also reviewing you for help keeping your home. Federal rules prohibit certain foreclosure actions when the required conditions are met. Protections depend on factors including when your application became complete and how close the foreclosure sale is; not every simultaneous review and foreclosure activity is automatically unlawful. Read the federal foreclosure-review protections.

   If you receive foreclosure papers or a sale notice: Do not assume an assistance application has stopped the foreclosure. Keep the notices and written responses, and contact legal help promptly about the deadlines.

   For the no-prior-approval pathway, 38 C.F.R. § 36.4315(a)(8) sets both rate tests. The survey benchmark is the most recent Freddie Mac U.S. weekly rate for 30-year fixed conforming mortgages on the modification approval date, rounded to the nearest 0.125 percentage point, plus 0.5 percentage point. A special rule applies to certain government-assisted loans. Paragraph (b) requires VA approval before entering the agreement when a paragraph-(a) condition is not met. That does not make “old rate + 1%” a universal cap for every current VA modification option; identify the option and approval pathway first.

5. File To Create A Record

   You can file with the CFPB, the VA Inspector General, your State Attorney General, and your member of Congress. Filing builds a record and can prompt casework on your behalf; a CFPB complaint does not automatically stop foreclosure.

6. You Are Not The First

   Other veteran families have been through this and triage new arrivals every week. Find the community and the full resource list at veteransforeclosurecrisis.org, and share this page with anyone who needs it.