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    Motivated-Seller Situations

    Mortgage Arrears (Behind on Payments)

    SilverCrest EstatesThe SilverCrest Estates Team

    Definition

    Mortgage arrears are the total missed payments, late fees, and accrued interest a homeowner would need to pay to bring a delinquent loan current. Lenders typically begin formal default proceedings somewhere around 90 to 120 days past due, though the exact timeline varies by lender and state. The longer arrears go unpaid, the larger the total balance grows, making it harder to catch up the further behind a homeowner falls. When a homeowner sells the property, arrears are simply added to the mortgage payoff amount and settled directly from the sale proceeds at closing. This gives homeowners who are behind on payments a way to resolve the debt in full without needing to come up with the money themselves.

    Example

    After falling $9,800 behind on her mortgage and receiving increasingly urgent letters from her servicer, Renata Alonso worried a formal foreclosure filing was only weeks away. She called her lender to ask about reinstatement, but the number they quoted was more than she could raise on short notice, and a repayment plan would have added hundreds of dollars to her already tight monthly budget on top of her regular payment. The stress of watching the certified letters pile up had started affecting her sleep and her work. Instead, she requested a cash offer on her townhouse and accepted one that would close within two weeks, giving her a clear resolution instead of scrambling to negotiate a payment plan she wasn't confident she could sustain. The buyer's title company contacted her servicer directly to confirm the exact reinstatement figure before closing, so there were no surprises at the settlement table. The sale paid off the full loan balance along with the arrears at closing, stopping the default before it turned into a formal foreclosure filing, and Renata kept the modest equity that remained after the payoff. She said finally seeing an end date on the calendar made a bigger difference to her peace of mind than the exact dollar amount she walked away with.

    Frequently asked questions

    You can generally sell at any point before a foreclosure sale is actually completed. The arrears simply become part of the total payoff amount handled at closing.

    Yes, it's worth asking about reinstatement figures and workout options while also getting a sale priced out, so you can compare both paths with real numbers. Lenders are often more flexible when a homeowner reaches out proactively.

    Yes, the arrears are added to your mortgage payoff and paid directly to the lender from the sale proceeds at closing. You don't need to pay them separately beforehand.

    In that case, a short sale, where the lender agrees to accept less than what's owed, may be the more realistic option. Speaking with your lender and a title company early will clarify which path fits your numbers.

    Late fees typically apply within 10 to 15 days of a missed payment, and the balance keeps growing each month you remain behind. Interest also continues to accrue on the unpaid amount, which is why acting early makes a real financial difference.

    It's possible, and many lenders offer modification or forbearance programs, though approval isn't guaranteed and the process can take time. Exploring a sale in parallel ensures you have a backup plan if the modification doesn't come through in time.

    Missed payments are reported to credit bureaus and will impact your score, with the damage increasing the longer payments go unmade. Resolving the arrears through a sale before foreclosure limits further damage compared to letting the default continue.

    Yes, lenders are generally required to send notices, including a notice of default, before initiating formal foreclosure action. These notices are exactly the point at which selling to resolve the arrears becomes especially time-sensitive.

    Related terms

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