Can I Lose My Home to Foreclosure If I Don’t Pay for Homeowners’ Insurance? (2024)

If you breach your mortgage contract by not having homeowners’ insurance, you might face added costs and, eventually, foreclosure.

By Amy Loftsgordon, Attorney · University of Denver Sturm College of Law

Defaulting on a mortgage loan means failing to keep the promises you made when you signed the promissory note and mortgage contract. Most notably, if you fall behind in payments, you'll be in default.

Most homeowners know that if they don't make their mortgage payments, they could lose their home to foreclosure. But not everyone knows that if you default on the deal in some other way, you might also face a foreclosure.

Common Types of Mortgage Defaults

Other than nonpayment, the most common causes of default are failing to pay the property taxes (when you don't have an escrow account) and transferring the home's ownership without the lender's permission.

Also, if your loan servicer doesn't collect money from you to pay the homeowners' insurance through escrow, you must find and pay for this insurance on your own, separate from the mortgage payments. If you fail to get or maintain insurance coverage, in most cases, you'll violate the loan contract.

What Happens If You Don't Have Homeowners' Insurance In Place

If your loan isn't escrowed and you fail to have homeowners' insurance as your loan contract requires, the servicer may then purchase insurance at your expense. This kind of insurance is called "force-placed" or "lender-placed" insurance.

The cost of the force-placed insurance is then added to your mortgage debt, and you'll have to repay it—and it's usually expensive.

What Happens If You Don't Reimburse the Servicer

When you don't repay the amounts that the servicer advanced for force-placed insurance, this failure usually constitutes a default under the terms of the mortgage agreement. The lender can then accelerate the debt. In some cases, the lender must first provide you with notice before accelerating the debt and allow you to cure the default.

If you don't cure the default, in cases where you get this opportunity, or if you can't repay the outstanding mortgage loan balance, the lender can foreclose your home in the same manner as if you had fallen behind in payments.

Talk to a Lawyer

Loan servicers sometimes mistakenly buy expensive force-placed insurance even when the borrower already has other coverage in place. If your loan servicer wrongfully buys pricey property insurance on your behalf, you may send the servicer what's called a "notice of error," saying that it made a mistake on your account.

If your servicer doesn't respond, usually it gets 30 business days to do so, consider talking to an attorney, especially if the servicer starts a foreclosure. Under federal law, the servicer is supposed to cancel the policy within 15 days after getting proof you have insurance and refund any duplicate coverage costs.

To learn about foreclosure procedures in your state, see Summary of State Foreclosure Laws.

Can I Lose My Home to Foreclosure If I Don’t Pay for Homeowners’ Insurance? (2024)

FAQs

Can I Lose My Home to Foreclosure If I Don’t Pay for Homeowners’ Insurance? ›

If you breach your mortgage contract by not having homeowners' insurance, you might face added costs and, eventually, foreclosure. Defaulting on a mortgage loan means failing to keep the promises you made when you signed the promissory note and mortgage contract.

Can you lose your mortgage without homeowners insurance? ›

If you're paying a monthly mortgage, you probably have no choice but to pay for homeowners insurance. If your mortgage lender requires it and discovers your home isn't insured, it could initiate foreclosure, resulting in the loss of your home.

What happens to my mortgage if I can't get homeowners insurance? ›

If you have a mortgage or other home loan, keeping an insurance policy in place is likely a requirement of your loan agreement. Your lender will be notified of policy renewals and cancellations. If you fail to purchase coverage or let it lapse, your company may send your mortgage into default.

What happens when you can't afford your house payment? ›

Once you're 120 days behind on your payments, the lender can start the foreclosure process if you haven't submitted a complete mortgage assistance application.

How many months behind on a 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.

Should you have homeowners insurance if your house is paid off? ›

You need homeowners property and liability insurance even after your mortgage is paid off if you want protection for your home. Homeowners property coverage can help protect against the potentially devastating costs to rebuild or replace your property after damaging events like fire, lightning and windstorms.

What happens when your insurance is cancelled? ›

The exact amount of time differs by state. After that, your insurance will officially lapse and you'll no longer be able to drive your car legally. In some states, letting your insurance lapse also voids your registration — either right away or a few weeks after your insurance lapses.

Can a mortgage company force insurance? ›

However, if the policy lapses or is canceled and the borrower does not secure a replacement policy, most mortgages allow the lender to purchase insurance for the home and “force-place” it. These standard provisions allow the lender to protect its financial interest in the property (its collateral) if a calamity occurs.

Why is Nationwide cancelling homeowners insurance? ›

The move is part of a nationwide decision to scale back Nationwide's Private Client business, which specifically caters to wealthy homeowners, according to a Nationwide spokesperson. Crestbrook stopped writing new policies in December, according to documents filed with the Department of Insurance.

What happens if your insurance gets cancelled for non-payment? ›

Consequences of a car insurance lapse

Not having insurance: If your auto insurance expires or is cancelled, your biggest concern is not having coverage. That means if you cause an accident and injure someone else or damage their car, you'll have to pay completely out of pocket. Same goes for damage to your car.

Can you pause your mortgage? ›

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.

How can I keep from losing my house? ›

If you are unable to make your mortgage payment:
  1. Don't ignore the problem. ...
  2. Contact your lender as soon as you realize that you have a problem. ...
  3. Open and respond to all mail from your lender. ...
  4. Know your mortgage rights. ...
  5. Understand foreclosure prevention options. ...
  6. Contact a HUD-approved housing counselor.

How many missed payments until repo? ›

California law permits cars to be repossessed after one late or missed loan payment. Cars may be repossessed after missed insurance payments as well. There is no legally required grace period, and the repossession company doesn't have to give you notice that they are repossessing your car.

Can foreclosure fees be waived? ›

In India, lenders can waive foreclosure fees on Personal Loans, but it varies depending on the lender's terms and conditions. Some lenders may offer the option to waive these charges in certain situations or for specific loan products.

What state has the quickest foreclosure process? ›

The states that had the shortest average foreclosure timelines (again, according to ATTOM Data Solutions) in the third quarter of 2023 were: Wyoming (169 days) Montana (169 days) Texas (171 days)

How does homeowners insurance work with a mortgage? ›

Your homeowners insurance premium is included in your mortgage payment if you have an escrow account. When you pay your mortgage, a portion of the overall payment is set aside in your escrow account to pay for your homeowners insurance and property taxes (and mortgage insurance if your lender requires it).

At what point do you not need mortgage insurance? ›

A borrower can request PMI be canceled when they've amassed 20 percent equity in the home and lived in it for several years. There are other ways to get rid of PMI ahead of schedule: refinancing, getting the home re-appraised (to see if it's increased in value), and paying down your principal faster.

Do you get a refund if you cancel homeowners insurance? ›

You may receive a refund check from your prior homeowners insurance company if you cancel your policy before it expires, reimbursing you for the coverage you already paid for. You may also receive a refund in the event your lender makes a payment to your old insurer.

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