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What Happens When Mortgage Forbearance Ends in California

By The Somal Law Firm · Pleasanton, CA · 5 min read

What happens when mortgage forbearance ends is simple to state: your regular payments restart, and the payments you skipped still have to be resolved. How you resolve them is the part you can shape. Most servicers offer reinstatement, a repayment plan, a deferral or a modification, but only if you respond before the forbearance runs out.

If your forbearance has already ended and letters are piling up, call (415) 754-0115 to schedule a free consultation, or send a short summary through our contact page.

The countdown: 30 to 45 days before the end date

The weeks before your last forbearance month are when you have the most leverage and the most choices. Use them.

  1. Confirm the end date in writing. Extensions granted by phone are sometimes never entered in the servicer's system.
  2. Ask for the exact amount deferred, broken down into principal, interest and escrow.
  3. Ask for an escrow analysis. If the servicer paid your property taxes and insurance during forbearance, your escrow may be short, and the regular payment can rise even though the loan terms did not change.
  4. Ask which exit options your investor allows. Fannie Mae, Freddie Mac, FHA, VA, USDA and private loans each have their own menu.
  5. Be honest about your income now. The right exit depends on whether you can afford the old payment going forward.

What happens when mortgage forbearance ends: your exit options

Reinstatement

You pay everything that was skipped at once. This is the cleanest outcome if you have the funds, but for most loans backed by government programs it is not the only option, and you should not assume a servicer's first request for a lump sum is the final word.

Repayment plan

The missed amount is spread over a set number of months and added on top of your regular payment. It keeps the loan terms intact but produces a temporarily higher monthly bill, so it fits people whose income has fully recovered.

Payment deferral or partial claim

For many loans, the missed payments can be moved to the end of the loan as a non-interest-bearing balance due when you sell, refinance or pay off the mortgage. Fannie Mae and Freddie Mac call this a payment deferral; for FHA loans, a similar result can come through a partial claim, which is a separate subordinate lien in favor of HUD.

Read the paperwork on deferred amounts

A deferral does not forgive anything. The amount is still owed, and it will show up in escrow when you sell or refinance. Keep the agreement with your permanent records.

Loan modification

If you can resume paying but not at the old level, a modification can change the rate, term or balance so the payment fits. It usually requires a full application and a trial period. Loan modification is one of the foreclosure prevention services we provide: attorney Bob Somal reviews modification and deferral offers for homeowners across the Tri-Valley, Alameda and Contra Costa Counties. Call (415) 754-0115 for a free consultation.

If your hardship is not over yet

Some homeowners reach the end date still out of work or still recovering. In that case, say so plainly. Ask whether an extension is available under your investor's rules, and at the same time ask to be evaluated for a modification, so one request is under review if the other is refused. Document the continuing hardship with the same care you would for a full application.

What happens if you do nothing

If the forbearance expires and no exit option is in place, the servicer treats the skipped payments as a delinquency. Late charges may begin, collection calls start, and credit reporting can change.

Under federal servicing rules, a servicer generally cannot make the first foreclosure filing until the loan is more than 120 days delinquent, and it must reach out about loss mitigation along the way. After that, California's non-judicial process can move forward with a notice of default. You can read what that document means in our article on the notice of default in California.

California's Homeowner Bill of Rights adds protections for owner-occupied homes with a first-lien loan, including required outreach before a notice of default and limits on foreclosure while a complete application for a foreclosure prevention alternative is being reviewed. Those protections help most when you engage early.

Keeping the transition from turning into a foreclosure

Answer every letter

Servicers are required to send loss mitigation information. Returning the application, even an imperfect one, starts a record that you asked for help.

Watch for mismatched numbers

Errors are common after forbearance: payments applied to the wrong month, late charges assessed during the forbearance, or escrow shortages calculated incorrectly. A written notice of error under federal rules requires the servicer to investigate and respond.

Have a backup plan

If the servicer will not offer something workable, Chapter 13 bankruptcy can stop a foreclosure and let you repay arrears over three to five years, and a short sale may be an orderly way out if keeping the home no longer makes sense. The article on how to stop foreclosure in California lays out each route.

Frequently asked questions

Do I have to pay back forbearance in one lump sum?

Not usually. Many loans allow a repayment plan, deferral or modification instead. The options depend on who owns or insures the loan, so ask the servicer to list them in writing.

Can I extend my forbearance?

Sometimes. Extensions depend on the investor's rules and your ongoing hardship. Request one before the current period ends, not after.

Why did my monthly payment go up after forbearance?

The most common reason is an escrow shortage: the servicer paid taxes and insurance while you were not paying into escrow. Ask for the escrow analysis and check it.

Will a deferral show up when I sell the house?

Yes. A deferred balance or FHA partial claim is paid off from the sale or refinance proceeds, so it appears on the payoff statement in escrow. Plan for it before listing the home.

The end of forbearance is a decision point, and small missteps can turn into a notice of default. Call (415) 754-0115 to schedule a free consultation with attorney Bob Somal, who represents homeowners in Pleasanton, the Tri-Valley and across Alameda and Contra Costa Counties. You can also reach us through the contact form. We will review what the servicer is offering and help you choose an exit that keeps the loan on track.

Attorney Advertising. This article is general legal information for Bay Area residents, not legal advice, and does not create an attorney–client relationship. Every situation is different — please consult a licensed attorney about your specific circumstances.

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