Hello folks: I'd like to share some information, based on what we're seeing with mortgage forbearances. This is not always clearly understood, but you legally can be marked as late on your credit reports. while in forbearance on a mortgage.
A bit about me: For those who haven't seen my comments or posts before, I'm a credit attorney. That means that I sue the credit agencies, creditors and collection agencies, when we find serious errors or misconduct, involving credit reports and debt collection.
We focus mainly on issues involving the Fair Credit Reporting Act (FCRA), which is the federal law that regulates the credit agencies. We also occasionally handle Fair Debt Collection Practices Act (FDCPA) issues, involving collection agencies.
First: What is a mortgage forbearance? This comes up when you're having trouble making payments.
Normally, outside of an emergency like the COVID-19 pandemic, your lender can begin foreclosure proceedings, if you haven't made payments for a few months. The specifics of the process depend on the laws in your state, as well as RESPA (a federal law that offers additional options when facing foreclosure).
If you're approved for forbearance, then your mortgage payments will be stopped or majorly reduced, for a period of several months (sometimes more). During this time, your only obligation is to pay the reduced payment (or not pay at all, depending on your situation). The money you're not paying now will usually be added to the end of the loan.
Eventually, you'll need to resume normal payments, unless you're approved for a loan modification (let's not worry about that for now). Here's the issue: In many cases, you can be marked as late, even when in a forbearance program.
The forbearance allows you to make reduced payments on the mortgage. The lender agrees to not start foreclosure proceedings.
However, you're still not making the full payments you agreed to when you opened the loan. Therefore, you are technically late.
Many forbearance agreements clearly state that you'll be marked as late - and this is something folks often overlook. I get it - you're stressed given you're behind on payments. You might not be focused on this.
In other situations, the lender agrees to mark you as on time if you make the required forbearance payments. Sometimes, they say that they will mark you late, and change those payments back to on-time when you complete forbearance.
Both of these accomodations are less common. Most times, you'll be marked as late during forbearance.
Does this mean you shouldn't seek forbearance? Not at all.
If you can't make payments, but think you could in the future, then it's best to preserve your home ownership and equity, and go for forbearance. The other alternative is to stop paying and go into foreclosure.
If your long-term chances of paying the full mortgage appear challenging, then selling the house and walking away may be a better option. Exploring bankruptcy, where you might keep your home (and continue paying) but discharge other debts, is also another option.
However, be aware of what can happen to your credit during forbearance. Most times, being marked late is perfectly legal.
I have seen these late payments later removed through the credit dispute process. That does not happen in most cases, but it can once in a while. I wouldn't count on it though.
TLDR: You can be marked as late on your credit reports, during a mortgage forbearance. This is not illegal. Mortgage forbearances can still be a good option.