HomeForeclosure
Behind on mortgage payments in Georgia, with no sale date yet
If you are behind on the mortgage but no sale date is set, you are in the stretch where help works best. Federal rules keep lenders from starting a foreclosure until you are more than 120 days behind. A complete help form sent now gets a full review. Free help open today includes HUD housing counselors, legal aid, 2-1-1, and VA staff for VA loans. The state's Georgia Mortgage Assistance fund stopped taking new applications as of March 1, 2026.
By Fitz Hall, Georgia Property Co.
Is your house on a sale list?
Where you are: before the 120-day line
Plenty of people put off the call. Some are ashamed to be behind. Some spent two hours on hold last time and got nowhere. The weeks before day 120 are when a call pays off most, because no sale is set and the lender has room to work with you.
Unless your lender is a small one, it has to try to reach you by phone or in person by day 36. By day 45, it must send a letter with the kinds of help it offers. Reverse mortgages are outside that rule too. After day 120 the lender can send the first foreclosure notice. A sale can follow about a month later.
Loss mitigation: the help form from your lender
Loss mitigation is the lender's word for help that avoids foreclosure. Ask for the help form, fill in each page, and keep a copy of all of it. The lender has five business days to write back and say what is missing. Once the form is complete, it has 30 days to decide.
Expect to show your income and your monthly costs. You also show what caused the hardship, like a divorce paper or checks for hospital bills. Each lender sets its own list.
Help teams can be slow, and papers do get lost, so write down who you talked to, the date, and what they said. Send pages in a way you can track. A complete form can lead to one of these three kinds of help.
A repayment plan
You pay a bit more each month until you are caught up.
- Higher payment for a while
Forbearance
Payments stop or drop for a while, and the missed amount is paid back later.
- Missed amount paid back later
A loan modification
New terms lower the payment, and sometimes the missed months move to the end of the loan.
- Can lower the payment
What the federal rules protect, and where they stop
Say the lender turns you down for a loan change. If your form came in 90 days or more before a sale, you can appeal within 14 days. And a complete form that comes in more than 37 days before a sale holds that sale until the lender decides and any appeal is done.
Those holds apply to your first complete form, unless you caught the loan up since the last one. Small lenders that service 5,000 or fewer loans they made or own do not have to follow them. They still can't start before day 120. That is one more reason to send the form now, while no date is set.
A two-week plan
If you have not called yet, try the steps in this order.
Day 1
Call the lender. Ask for the help form and the name of the person you spoke to.
Day 2
Call a HUD counselor at 800-569-4287 and set a time to go over the form.
Days 3 to 7
Gather what the form asks for. Most want proof of income and a short note on why you fell behind.
Day 8
Send the form in a way you can track, and keep a full copy.
5 business days later
Look for the letter that says what is missing, and send it fast.
30 days after complete
A decision is due from the lender.
Free HUD housing counselors
A HUD housing counselor goes through your budget with you and fills out the lender's form with you. The counselor can call the lender for you, too. There is no charge. Call 800-569-4287, or search HUD's housing counseling list for an agency near you in Georgia.
VA loans: call a VA loan technician
If you have a VA-backed loan, VA has loan technicians who work with you and your lender. Call 877-827-3702 and press 6, Monday to Friday, 8 a.m. to 6 p.m. Eastern. Once the loan is 61 days past due, VA puts one on your file on its own.
Free legal help in Georgia
Legal aid is free if your income is low enough. A lawyer matters most if the lender broke a rule, lost your form, or won't give a straight answer.
- Atlanta Legal Aid, by county: Fulton 404-524-5811, Clayton 404-669-0233, Cobb 770-528-2565, DeKalb 404-377-0701, Gwinnett 678-376-4545.
- Atlanta Legal Aid's Home Defense Program, for home loss and home sale scams: (770) 817-7538.
- Georgia Legal Services Program, for the other 154 counties: 1-833-457-7529.
2-1-1 for local help with bills
Dial 2-1-1 from any phone. It is free and open all hours, run by United Way groups across most of Georgia. The staff can point you to local help with housing and utility bills. Their funds are limited, so ask early and ask what they have this month.
What has closed: Georgia Mortgage Assistance
Georgia Mortgage Assistance used federal pandemic funds to pay missed mortgages. The state says it stopped taking new applications as of March 1, 2026. The portal closed at the end of February 28. Some web pages, including a few government ones, still link to it. If one sends you there, that page is out of date.
Other programs come and go too. Before you count on one, call and ask if it is taking new people today.
Up-front fees and rescue scams
A company that is not a lawyer can't charge you before it gets you a deal with your lender. That is a federal rule. GeorgiaLegalAid.org also warns about offers to lend you the catch-up money. Those deals can end with you signing the house over and renting it back. Send mortgage payments only to your loan company.
If the numbers don't work
Sometimes the budget doesn't close, even with a plan. Then you can sell while there is no sale date. If you owe more than the house is worth, you can ask for a short sale or a deed in lieu. Or you can see a bankruptcy lawyer. Each of these is easier with time on your side.
With no sale date on the calendar, you can take the time to compare. Georgia Property Co. can make you an offer on the house to set next to what an agent thinks it would list for.
Questions people ask
Is there still mortgage help money in Georgia?
The state's fund, Georgia Mortgage Assistance, stopped taking new applications as of March 1, 2026. Your lender's own help is still open, and so are free HUD counselors, legal aid, and 2-1-1.
How far behind can I get before foreclosure in Georgia?
The loan company can't start until you are more than 120 days behind. After that, a sale can come in about a month, so send the help form well before day 120.
Can I get a loan modification in Georgia?
Maybe. It depends on your loan, your income and the lender. Ask for the help form, and a HUD counselor can fill it out with you for free.
Will calling my lender speed up a foreclosure?
No. The 120-day line holds either way. Calling early and sending a complete form gives you the most rights under the federal rules.
Is it worth paying a company to save my house?
Be careful. A company that is not a lawyer can't take a fee up front for getting you a deal with your lender. Free help comes from HUD counselors and legal aid.
Where these facts come from
Written by Fitz Hall and checked against these sources on September 25, 2026. This page explains how things work. It is not legal advice.
- Federal rule on the day-36 call and day-45 letter (12 CFR 1024.39)
- Federal rule on help forms and the 120-day wait (12 CFR 1024.41)
- Federal rule on which loan companies are exempt (12 CFR 1024.30)
- HUD Georgia page: free housing counselors, 800-569-4287
- VA: help to avoid foreclosure on a VA-backed loan, 877-827-3702
- Atlanta Legal Aid: county offices and phone numbers
- Georgia DCA: Georgia Mortgage Assistance closed to new applications
- United Ways of Georgia: 2-1-1
No sale date yet? Tell us how many payments you've missed.
Add the address. We check the county paper for a sale ad and look up the loan on file, at no charge.
Prefer to talk? Call 678-379-6820