What happens if I can’t pay my mortgage and what are my options? (2024)

With rising costs of living, including interest rate rises, many people are really worried about their mortgage.

So, what actually happens if you can’t pay your mortgage – and what are your options?

Here’s what you need to know.

Read more: Vital signs: to fix Australia's housing affordability crisis, negative gearing must go

Payment deferrals, payment plans or getting fees waived

It’s not particularly rare for a borrower to face a period of temporary financial hardship, often due to circ*mstances beyond their control.

Job loss, relationship breakdowns, natural disasters, injuries and illnesses all affect the capacity of householders to repay their loan, especially given mortgages tend to run over many years, if not decades.

Banks have “hardship” processes to deal with borrowers who are temporarily unable to repay their loan.

The Banking Code of Practice, to which most banks subscribe, provides guidelines for lenders to help consumers through financial difficulties.

One form of relief is a payment deferral or “holiday”. That’s where a customer is able to postpone repayments until the issue causing hardship is resolved. Many people used this option during COVID lockdowns.

However, a payment holiday sometimes simply “kicks the can down the road” and the customer is still in financial trouble when their temporary payment holiday ends.

Other options include payment plans. This is where you pay back less per month but the mortgage lasts longer overall.

Or, the bank may simply offer advice on how to handle finances until you’re back on your feet.

It is also possible for banks to waive discretionary fees (such as those related to overdue payments).

Banks don’t really want you to default

Banks typically do not want their customers to default on property.

They’re usually protected against losses themselves through lender’s mortgage insurance, but banks see mortgage holders as particularly valuable customers. They have shown they can obtain finance and repay loans.

Usually, it’s easier for the bank to make hardship arrangements with a customer - and build trust along the way - than it is to wind up a mortgage, seize the property and then have to deal with trying to sell it in a flagging market.

What about my credit score?

Recent changes to the credit legislation make it easier to apply for a payment plan without affecting your credit score.

From July 1, 2022, under the terms of a financial hardship arrangement, a customer’s credit report will show they have made on time repayments for the period of the arrangement – providing they have followed the terms of the hardship agreement.

Credit reports will also indicate whether (but not why) a customer is in a financial hardship arrangement.

This information stays on a credit report for one year, then disappears.

Importantly, though, hardship information will be visible to other credit providers, and may affect a customer’s ability to get other loans during the period.

I’m struggling. So what should I do?

Contact your financial institution as early as you can. Your bank may be able to offer payment relief in the form of reduced payments or a holiday from repayments – or a combination of both.

You usually need to provide evidence for the reason for financial hardship, and there’s an expectation you’ll be able to resume repayments when the temporary issue is resolved.

Not every application for hardship will be successful, particularly if you have made promises to repay in the past and not followed through.

Income protection insurance (for those who plan for uncertainties) may help prevent the need for hardship arrangements in the first place.

If you see the issue as ongoing, rather than temporary, consider a different approach.

If you’re ahead on your mortgage (as many Australians were during the pandemic), or you have significant equity in your house, consider refinancing. That’s where you take out a new mortgage to repay an existing loan.

You may be able to get a lower monthly repayment, especially if you have built an equity stake greater than 30%.

It won’t always be an option, especially if you are a recent borrower facing rising interest rates, stagnant or falling house prices, and have limited equity.

In dire circ*mstances, you may be able to access your superannuation early (which means you may have a lot less to retire on).

If you really do need to sell, it is better to sell the property of your own volition, rather than having a forced sale.

Mortgagee-in-possession (which is where the bank sells the house) can often lead to a lower sales price than a vendor-led campaign, and the time frame may not suit you.

Free help is available. The Australian Retail Credit Association provides information on how hardship processes are reported, while the Financial Rights Legal Centre helps advocate for consumers through the mortgage stress process.

The government’s Moneysmart site also provides information on how to navigate the hardship process.

Read more: The housing game has changed – interest rate hikes hurt more than before

What happens if I can’t pay my mortgage and what are my options? (2024)

FAQs

What happens if I can’t pay my mortgage and what are my options? ›

Common options include paying a higher monthly amount for a set period of time to make up the missed payments or paying the entire missed amount when the forbearance ends, sometimes called a “balloon payment." If you can't reasonably expect to repay the forbearance on the terms offered — if you aren't sure you'll have ...

What happens when you can't make your mortgage payment? ›

You may be eligible for a forbearance plan

This means the lender will temporarily suspend or reduce the amount of your monthly payment for a set period, allowing you time to improve your financial situation.

Can you freeze your mortgage? ›

A mortgage payment holiday is an agreement you might be able to make with your lender that allows you temporarily to stop or reduce your monthly mortgage repayments. For example, depending on your circ*mstances and previous payment history, you might be able to take a break for up to 12 months.

What happens if I lose my job and can't pay my mortgage? ›

If your mortgage is federally backed, you may be eligible for forbearance, which typically allows you to postpone payments for up to a year, and 18 months in some cases. 8 There are also additional options for mortgage relief, such as your state's Homeowner's Assistance Fund program.

Who helps consumers who are having difficulty paying their mortgage? ›

Your mortgage servicer or a HUD-approved Housing Counseling Agency can help at no cost to you.

Can I be forced to pay mortgage? ›

Yes. If a person is removed from the title but stays on the mortgage, she is legally obligated to pay the mortgage.

How many months behind on mortgage before foreclosure? ›

Foreclosure processes generally begin 3-6 months after the first missed payment, with late fees charged after 10-15 days. Federal law usually requires a homeowner to be more than 120 days overdue before starting foreclosure, but earlier action can occur if there's no communication with the lender.

Can I fire my mortgage lender? ›

If you want to change your mortgage lender, the first step is to get another preapproval. It's important to understand the costs associated with changing lenders, including appraisal fees. Remember, the only way to change your lender after your mortgage has been serviced is to refinance your mortgage.

Will mortgage companies let you skip payment? ›

Borrowers must have a strong credit score to qualify for a skip-payment mortgage and they must otherwise be up to date on their mortgage payments. Borrowers should be aware that they will still owe the interest and principal that they would have paid in that month.

Does deferring a mortgage payment hurt credit? ›

While deferred payments don't directly impact your score, you don't want to rely heavily on them as a way to make your other payments. To maintain a healthy credit score, monitor your credit and find ways to adjust your budget so that you can get back into a routine of making regular payments.

How do you qualify for forbearance? ›

How to get mortgage forbearance
  1. Contact your mortgage servicer to request forbearance.
  2. Give a concise, factual explanation of your financial hardship.
  3. Tell your servicer whether you can make a partial monthly payment and, if so, how much.
  4. Tell your servicer how many months of forbearance you are requesting.

Should you tell your mortgage lender you lost your job? ›

You may worry that your unemployment could jeopardize your mortgage application, and your job loss will present some challenges. But honesty and transparency are necessary and important when working with your lender. The faster you tell your lender about your situation, the sooner they can help you map out a plan.

Should I tell my lender I lost my job? ›

First, inform your loan officer or mortgage broker of the situation. This may sound counterintuitive, especially since losing your job can complicate the underwriting process. But in reality, your lending professional will do everything possible to get you approved for your mortgage.

Is the mortgage Forgiveness Act still in effect? ›

That relief has expired and been extended several times. The latest extension, enacted in December 2020, provides relief for debt forgiven from January 1, 2021 through December 31, 2025.

How does a mortgage hardship work? ›

Forbearance is a process that can help if you're struggling to pay your mortgage. Your servicer or lender arranges for you to temporarily pause mortgage payments or make smaller payments. You still owe the full amount, and you pay back the difference later. Forbearance can help you deal with a financial hardship.

What is the presidents mortgage relief program? ›

Mortgage Relief Credit.

This is the equivalent of reducing the mortgage rate by more than 1.5 percentage points for two years on the median home, and will help more than 3.5 million middle-class families purchase their first home over the next two years.

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 stop my mortgage payments for a few months? ›

Forbearance is a process that can help if you're struggling to pay your mortgage. Your servicer or lender arranges for you to temporarily pause mortgage payments or make smaller payments. You still owe the full amount, and you pay back the difference later. Forbearance can help you deal with a financial hardship.

What happens if you are 2 months behind on your mortgage? ›

Two Months Late

After two months, you can expect not only the late fees and the punch to your credit, but your lender is likely to take more serious actions. Being two months late is a clear indicator of financial distress; you may receive formal pre-foreclosure notices.

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