Skip to main content

Blog entry by Niki Hill

Behind on the mortgage in Sacramento: options and next steps

Behind on the mortgage in Sacramento: options and next steps

If you're behind on the mortgage or the HOA dues, the first thing to do is open the mail. I know that sounds simple, but a lot of people stop opening envelopes because it's stressful, and that's exactly when things get worse. Open everything, keep every notice in one folder or pile, and write the date you got it on the envelope. You want a clear picture of who is asking for what and how far along things are.

Then call the people you owe, before they call you. For The Catch-Up Year mortgage, call your loan servicer and ask to speak with the loss mitigation or homeowner assistance department. Tell them plainly that you're struggling and ask what options they have. Ask them to send you the application paperwork in writing. For the HOA, call the management company or the board and ask for a statement of what you owe and whether there's a payment plan process. Some boards will work with you. Some won't. It depends on the situation and on the HOA's own rules.

On the mortgage side, expect a few kinds of notices. You may get a late notice or a grace period reminder first. Then a formal notice of default can follow, and later notices about a trustee's sale. In California those steps have their own process, and the timing matters. Don't assume a notice means you've lost the house. It means the clock is running and you need to respond. If you're not sure what a notice means, that's a good time to talk to a HUD-approved housing counselor, which is free, or a lawyer who handles foreclosure. The county may also have resources worth asking about.

On the HOA side, expect letters about past due assessments, then possibly a demand letter, and eventually the HOA can pursue collections or a lien depending on its governing documents and the situation. Read your HOA's rules so you know what they can and can't do. If the amounts look wrong, ask for an accounting in writing.

Why does acting early matter so much? Because more options exist at the beginning than at the end. Loan modifications, repayment plans, and other loss mitigation options are easier to get before a sale date is set. HOA boards tend to be more flexible with someone who calls early and proposes a plan than with someone who goes silent for months. And once a case is deep into the legal process, your choices shrink and the cost of fixing it goes up.

Keep records of every call: who you talked to, when, and what they said. Send important things in writing when you can. If you're dealing with both the mortgage and the HOA at once, tell each side what's going on, because they affect each other. And if the numbers are complicated, a CPA can help you understand the tax side. You don't have to figure all of this out alone, and you don't have to wait for the next envelope to start.

For more on this, see The Catch-Up Year.

  • Share

Reviews