Will Partial Payments Delay Foreclosure?

Lee Legal Team

If you have missed mortgage payments, you may wonder: Will partial payments delay foreclosure? In most cases, unfortunately, the answer is No.

If your mortgage company actually accepts your payment, they will not apply it to your most recent bill.  To stop or delay a foreclosure, you must get the bank to agree (in writing) to forbearance. This is not easy.

The fewer missed payments you have, the more options will be available to you. The larger the amount that you owe, the less the mortgage company will be willing to work with you.

If the Bank Accepts Your Partial Payment

Late payments not only lead to foreclosure. They also come with heavy fees and penalties. On some loans, mortgage banks make more money on fees and penalties than on actual mortgage payments. On other loans, the bank makes more by foreclosing than from contractually-due payment.

If your mortgage lender accepts a partial payment for you, the partial payment will not delay foreclosure. Instead, your lender will apply any payment you make to the oldest outstanding payment due, including fees. In the meantime, continuing monthly payments due continue to accrue.

If you are seeking to stop or delay foreclosure, partial payments will only work if you have a forbearance agreement with your lender. And mortgage lenders only very rarely grant forbearance agreements in exchange for partial payments.

If the Bank Rejects Your Partial Payment

After three missed mortgage payments, most banks reject partial payments. Instead, your bank will insist upon payment in full of the entire amount due, plus penalties, fees and interest. If you cannot make this payment amount, then the mortgage company moves your account to the foreclosure department.

Once you are in pre-foreclosure, you must make tough decisions in a short period of time. You should contact a local foreclosure defense attorney immediately to assess your options.

Will Partial Payments Delay Foreclosure?

Most mortgage loans allow lenders to decline partial payments from delinquent borrowers. Your lender will send you a letter explaining why your payment was declined. You should contact an attorney to review this letter and to help you assess your options. Unless you have a forbearance agreement from your lender, partial payments will not delay foreclosure.

They Called. They're Glad They Did.

Brian Lee from Lee Legal was an amazing attorney to work with. He took his time, reviewed my documents and we discussed my situation thoroughly. He explained the process and my options as well as gave his recommendation. Not only did he assist, but he ensured that I knew this...

Sharrie Scott
ll-review-sharrie-scott.jpg

I was very nervous and scared about going through this process. But Brian was very knowledgeable and helped me through it. I was notified about any and all updates to my case and he was very responsive when I had questions regarding any concerns I had. Although a bit nerve...

Regina Leng
ll-review-regina-leng.jpg

Brian provided me with a very detailed analysis about my potential case after our first consultation. He promptly responded to all my complex questions, especially navigating student loans and some tax discussions. He is very professional and experienced at what he does, I would...

Eliane Rodriguez
ll-review-eliane-rodriguez.jpg

I've had the pleasure of working alongside Brian V. Lee for several years, and I can say without hesitation that he is one of the most knowledgeable bankruptcy attorneys in the DMV area. Brian's command of Chapter 7, 11, and 13 practice is exceptional, and his clients in the DC...

Michael Forster
ll-review-michael-forster.jpg

Brian has the amazing talent of taking complicated legal matters and distilling them down to seamless, frictionless resolutions. He is a phenomenal problem solver and a trusted advisor.

Fran Bishop
ll-review-fran-bishop.jpg

Brian is both warm and professional. He helped me navigate a financial issue that I had not been looking forward to working on and he made the entire experience non-stressful, receiving a lot of anxiety I had around the matter. He is straight forward and a fantastic problem...

Martha Becton
ll-review-martha-becton.jpg

I had the opportunity to work with Brian at a time when I was challenged by a professional setback and forced with the challenge of making some very difficult legal decisions. Additionally, I worked with him again as I was dealing with some financial issues pertaining to my...

Daniel Weaver
ll-review-daniel-weaver.jpg

Still several years from Public Service Student Loan Forgiveness and saddled with significant student loan payments in proportion to my income, I came to Lee Legal to explore the bankruptcy path. Through his counsel, Brian took the fear out of the process and helped me to...

Justin Good
ll-review-justin-good.jpg

Call Us Now

Fill out the contact form or call us at (202) 448-5136 to schedule your free consultation.

Reach Out Today

Your information stays between us. The consultation is free and there's no obligation. I'll call you back the same day.