--- title: "Selling a House Behind on Payments in NJ, PA & MD | Nicolas Abitbol" description: "Behind on your mortgage in NJ, PA, or MD but not yet in foreclosure? I buy for cash before the complaint is filed. Real offer same day. Nicolas Abitbol." url: "https://nicolasabitbol.com/behind-on-payments.html" last_updated: 2026-05-11 --- # Behind on the mortgage. Not yet in foreclosure. **You're in the window that most people don't know they have. No court case is filed, no sale date is set, and you still have the most options available to you. I buy houses in this exact situation, before a lis pendens hits the record, before the servicer hires a law firm, before the choice gets made for you.** --- The first late payment was a one-time thing. The second was supposed to be temporary. By the third, the lender's letter showed up in a different envelope, and the call started going to voicemail because you couldn't bear another one. Here's how much runway you actually have: Being behind on your mortgage doesn't mean foreclosure has started. Under federal CFPB rules, specifically Regulation X, 12 C.F.R. § 1024.41, your servicer cannot file a foreclosure complaint until you are more than 120 days delinquent. That rule applies to virtually all federally backed loans, which covers the vast majority of mortgages in NJ, PA, and MD. It also requires your servicer to contact you within 36 days and send you written loss mitigation information within 45 days of falling behind. That 120-day pre-filing window is the most open stretch of time you have, no court record, no sheriff's sale date, no lis pendens clouding the title. The pressure in this situation is usually psychological before it's legal. The servicer letters get more alarming each month. Late fees compound. The number feels impossible to catch up to. But the actual legal machinery hasn't engaged yet. A sale before the 120-day mark is a clean transaction, no court coordination, no payoff-under-pressure, no lender approval process. You close, your mortgage is paid, and you walk away with whatever equity remains. ## What I do differently. I buy in this pre-foreclosure window regularly, and the process is cleaner than most sellers expect. Because no court case has been filed, there's no need to coordinate with a court, wait for a sale date, or negotiate with a servicer under deadline pressure. I get a payoff figure from your lender, open title, and set a closing date that works for you. ## Mistakes I see **Spending months in forbearance without a plan** Forbearance pauses your payments temporarily but doesn't eliminate them. When forbearance ends, your servicer will contact you about repayment. If you can't resume regular payments plus catch up the deferred amount, you're in a harder position than when you started, and now you're four to six months closer to a court filing. **Listing on the market without disclosing the timeline** Selling on the open market takes 60 to 90 days minimum, listing prep, showings, inspection period, buyer financing, underwriting. If you're already 90 days behind, that retail timeline doesn't fit. And a buyer whose lender pulls an updated title report and finds a lis pendens during underwriting will walk away immediately. **Waiting to see if the servicer's loss mitigation comes through** Loss mitigation review is not a guarantee. Servicers can deny modifications, offer repayment plans that require amounts you can't sustain, or string out the review process for months. While you wait, the delinquency deepens and your options narrow. If selling is ultimately where this ends, selling earlier produces a better number. ## NJ, PA & MD specifics ### New Jersey - Fair Foreclosure Act protections and the 120-day federal window New Jersey's Fair Foreclosure Act (N.J.S.A. 2A:50-56) adds a state-level layer on top of the federal 120-day rule. Your lender must send a Notice of Intention to Foreclose at least 30 days before filing a complaint, and that notice cannot be sent earlier than 90 days after your first missed payment. In practice, NJ homeowners behind on payments typically have a pre-filing window of four to six months before a court case begins. The NJ Housing and Mortgage Finance Agency (NJHMFA) also administers a Foreclosure Mediation Assistance Program (FMAP) that offers free pre-foreclosure counseling through HUD-certified housing counselors statewide. You are not required to use that program to sell, but it's a resource if you're still weighing options. Once a complaint is filed in NJ Superior Court and a lis pendens is recorded, every title search on the property will show the pending action. That doesn't prevent a sale, but it requires more coordination at closing. Selling before the complaint is filed keeps the transaction clean. ### Pennsylvania - Act 6 notice, Act 91 notice, and HEMAP Pennsylvania has its own pre-foreclosure notice structure. Before filing, your lender must send an Act 6 Notice (41 P.S. § 403) giving you 30 days to cure. If your loan qualifies under the state program, you'll also receive an Act 91 Notice triggering your right to apply to the Pennsylvania Housing Finance Agency's HEMAP (Homeowners' Emergency Mortgage Assistance Program). HEMAP can provide a loan of up to $60,000 for up to 24-36 months to bring your mortgage current. A timely HEMAP application legally pauses the foreclosure while it's being reviewed. These are legitimate tools worth knowing about, but HEMAP approval requires that you show a reasonable prospect of resuming full payments within the required timeframe. If that's not realistic, selling while you're in the pre-complaint window keeps the property out of the Court of Common Pleas docket entirely. ### Maryland - Notice of Intent to Foreclose and the mediation window Maryland's foreclosure process begins with a Notice of Intent to Foreclose, sent by certified mail at least 45 days before the lender files the Order to Docket with the Circuit Court. Once the Order to Docket is filed, homeowners have 25 days to request mediation through the Office of Administrative Hearings (OAH). Maryland HOPE, administered through the Maryland Department of Housing and Community Development, provides free housing counselors who can help you evaluate options. But the timeline in Maryland moves quickly once the Order to Docket is filed: without a mediation agreement, a sale can be scheduled within weeks. If you're behind on payments and have received a Notice of Intent to Foreclose from your servicer, that's the signal. The pre-filing window in Maryland is narrower than in NJ or PA. Call me before the 45-day clock runs. --- ## FAQ **Q: How many months behind can I be before you can still help?** A: I've bought houses where sellers were 2 months behind and others where they were 18 months in with a foreclosure complaint already filed. The earlier you call, the simpler the process and the more options you have. Once a Notice of Intention to Foreclose arrives in the mail, the clock is running. But even then, a sale is usually possible before the sheriff's sale date. **Q: Will selling the house hurt my credit less than foreclosure?** A: A voluntary sale, even at a discount, typically produces a far better credit outcome than a completed foreclosure. Foreclosure remains on a credit report for seven years and affects future borrowing significantly. A sale closes the account and the mortgage is paid off or resolved at the settlement table. **Q: What is the CFPB 120-day rule and how does it apply to me?** A: Under CFPB Regulation X (12 C.F.R. § 1024.41), your servicer cannot file a foreclosure complaint until you are more than 120 days delinquent. During that window, your servicer is also required to contact you within 36 days to discuss options and send you written loss mitigation information within 45 days. That pre-filing window is the most open time to sell, no court case is pending, no lis pendens is on record, and title is clean to move. **Q: Can you buy if there's already a lis pendens on the property?** A: Yes. A lis pendens is a public notice that a lawsuit affecting the property has been filed, it puts buyers on notice but doesn't prevent a sale. My title company handles lis pendens situations regularly. We coordinate with the lender, obtain a payoff, and resolve the lis pendens at closing when the mortgage is paid off. **Q: What if I owe more than the house is worth?** A: That's a short sale situation, and it requires lender approval. Short sales take longer, typically two to four months, and the lender has to agree to accept less than the full balance. I can work through short sales, but the timeline and certainty are different. Call me early so we have time to work the bank's approval process before anything else changes.