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

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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? ›

That can lead to foreclosure, which means you can lose your home, and any equity you have in your home simply by not having insurance. Some mortgage companies will find new insurance coverage for you and wrap it into your escrow payments. This is called forced placed coverage.

What happens to my mortgage if I don't have 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 if I stop paying home insurance? ›

Your Home Insurance Policy Could Be Cancelled

If you don't make a payment within the grace period, your insurance carrier has the right to cancel your policy. If your coverage lapses, you won't have any protection for your home and possessions – and you'll have to shoulder the costs if the worst occurs.

What happens if you are late paying homeowners insurance? ›

If you don't pay your policy premium by its due date, you'll experience what's called a lapse in coverage, meaning you'll be without homeowners insurance. At this point, your insurance company may give you a grace period to pay your balance and reinstate your policy.

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.

Can a mortgage company drop you? ›

A company that doesn't honor its customers is likely to lose them. That's certainly thecase in mortgage lending. But sometimes the customer is not "always right." There are habits that can cause your mortgage lender to cancel your loan and force you to start over with a someone new.

How can lapsed homeowners insurance lead to default of the mortgage loan? ›

Explanation: A lapsed homeowner's insurance can lead to default of the mortgage loan because it violates the terms of the mortgage agreement. When a homeowner fails to maintain homeowner's insurance as required by the lender, it increases the risk for both the homeowner and the lender.

Can you just cancel homeowners insurance? ›

A policyholder can also initiate a home insurance cancellation. Perhaps you found a cheaper company or you have sold your home. You can call your agent or carrier to request that your policy be canceled on a specific date. You may need to sign a cancellation form to confirm your request.

Can home insurance be written off? ›

If your home is used solely for your personal residence, then your homeowners insurance is not tax deductible. According to the Internal Revenue Service, only private mortgage insurance can be deducted – and this does not apply to a homeowners policy.

How many claims before homeowners insurance cancels? ›

There is no set number of claims that will result in an insurance company dropping you from a home insurance policy. The decision to drop a policyholder is typically based on the frequency and severity of claims, the type of claims filed and the overall risk profile of the policyholder.

When should you cancel homeowners insurance? ›

At closing, once the buyer officially owns the home, you can cancel your coverage. Until that time, your homeowners insurance policy should remain in place to provide protection should anything happen to the home.

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.

Can property insurance Cannot be canceled for nonpayment of premiums? ›

Lapses. Nonpayment or a lapse in your payments is also grounds for canceling a home insurance policy. However, this is typically the easiest situation to resolve as there's often a grace period during which you're allowed to catch up with payments and have the policy reinstated.

Can foreclosure fees be waived? ›

Depending on the type of loan you are availing, your creditworthiness and previous banking history, and the policy the bank has adopted regarding waiver of foreclosure charges, you may get a discount on foreclosure charges or have it waived off.

What happens if I don't pay my mortgage for 3 months? ›

After three missed payments, your lender can start the foreclosure process.

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)

Why do you need homeowners insurance when you have a mortgage? ›

Homeowner's insurance pays for losses and damage to your property if something unexpected happens, like a fire or burglary. When you have a mortgage, your lender wants to make sure your property is protected by insurance. That's why lenders generally require proof that you have homeowner's insurance.

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).

Do I need homeowners insurance after I pay off my mortgage? ›

California does not require homeowners insurance. However, most mortgage lenders require it. Once you pay off your mortgage, your lender can no longer require you to have home insurance. Or if you bought it cash you have no obligation to ever have it.

Do you need mortgage insurance and homeowners insurance? ›

You may be required to have both home insurance and mortgage insurance, depending on how you pay for your home. With conventional loans, you can generally cancel your PMI once you reach 20% equity. Check with the lender to verify how long you must keep PMI and how to request cancellation.

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