CandleFocus

Mortgage Forbearance Agreement

Mortgage forbearance agreements offer borrowers an option when they face a difficult financial situation that makes it difficult to continue making mortgage payments. The terms of forbearance can vary depending on the circumstances of the homeowner, such as whether they are unemployed or have been hospitalized. The agreement must be requested and accepted by both the lender and the borrower and is intended to provide the borrower time to make the mortgage payments or take other financial measures. During this time, the lender agrees to not pursue foreclosure.

Forbearance agreements are not intended to be permanent solutions. Lenders choose to offer them as an alternative to foreclosure, in the hope that the borrower will have time to improve their financial situation and subsequently resume making mortgage payments. Frequently, the agreement has two types of provisions, one that suspends mortgage payments for a period (known as forbearance period) and another that requires the delinquent payments to be repaid. A payment extension period may follow the forbearance period, in which the borrower will be able to pay the suspended payments in scheduled installments along with their regular mortgage payment.

In order for the agreement to be accepted by the lender, the borrower must demonstrate a reasonable chance to make up the missed payments in the future. The borrower may also need to provide proof of income, bank statements, and other documents to support their financial hardship.

In many cases, mortgage forbearance agreements are eventually replaced by loan modification or refinancing, as these options typically have more beneficial long-term financial solutions.

Mortgage forbearance agreements should be entered into with caution as they are an extreme measure that can have unintended legal consequences. Ultimately, the failure to keep up with payments can result in foreclosure, negatively impacting the borrower’s credit score. Therefore, it is important to weigh the risks of a forbearance agreement to determine if this is the best course of action.

Glossary Index