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

Updated 4/03/2023

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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.

In This Article
  • Common Types of Mortgage Defaults
  • What Happens If You Don't Have Homeowners' Insurance In Place
  • What Happens If You Don't Reimburse the Servicer
  • Talk to a Lawyer

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'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.

Can you lose your mortgage without homeowners insurance? ›

Without insurance coverage, you may simply not be able to cover these costs, so you could lose your home and all the money you had tied up in it. Your legal protections are limited with no liability insurance.

What happens if I stop paying home insurance? ›

Your mortgage lender generally requires your property to be insured. If you stop paying for coverage or let the policy expire, the mortgage lender is allowed to buy insurance and charge you for it. This is called force-placed insurance or lender-placed insurance.

What would happen if a homeowner had no homeowners insurance? ›

Without this coverage, lenders can withhold payments or even deny loans altogether. Not having homeowners insurance can also have financial implications beyond just legal ones. If an accident or disaster were to occur, the homeowner would be responsible for paying for all repairs and replacements out-of-pocket.

What will my mortgage company do if I don't have homeowners insurance? ›

If you fail to purchase coverage or let it lapse, your company may send your mortgage into default. Alternatively, the lender could choose to buy a policy on your behalf. This is called force-placed insurance, and it is generally more expensive and provides less coverage than a policy you would purchase on your own.

Do I really need homeowners insurance if my house is paid off? ›

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.

What happens if you don't pay your mortgage insurance? ›

Your Home Could Be at Risk of Foreclosure

If your coverage is cancelled, your mortgage lender may purchase a new policy for you (typically at a significantly higher price than your original policy) and tack the payments onto your monthly mortgage bill. Worse, your lender could decide to foreclose on the property.

What happens to my mortgage if I lose my homeowners insurance? ›

Mortgage contracts usually come with the stipulation that you are required to have homeowners insurance, which means that the cancellation of your policy could cause you to default on your loan and put you at risk of losing your home.

What is the grace period on homeowners insurance? ›

Depending on the insurance provider, policyholders may have a payment grace period where their payment is past due but the policy has not been canceled yet. This time frame is typically 30 days depending on the state regulations and individual insurer.

What happens if you have a lapse in 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 people don't have homeowners insurance? ›

One in 13 American homeowners are uninsured – approximately 7.4% – living in about 6.1 million homes. Homeowners earning less than $50,000 per year are twice as likely to lack insurance compared with homeowners in general. Among lower-income homeowners, 15% are without coverage.

Why do mortgage companies require homeowners insurance? ›

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.

Who is the cheapest home insurance? ›

USAA and Auto-Owners are the cheapest home insurance companies on average, according to Bankrate's research.

What happens if you have a mortgage and can't get insurance? ›

Without coverage, homeowners are financially vulnerable and liable for all damages and losses. A lack of insurance can also result in mortgage default, foreclosure, or the lender obtaining more expensive forced placement insurance.

Do all mortgages require mortgage insurance? ›

Typically, borrowers making a down payment of less than 20 percent of the purchase price of the home need to pay for mortgage insurance. Mortgage insurance also is typically required on Federal Housing Administration (FHA) and U.S. Department of Agriculture (USDA) loans.

Can I decline mortgage insurance? ›

Ask to cancel your PMI: If your loan has met certain conditions and your loan to original value (LTOV) ratio falls below 80%, you may submit a written request to have your mortgage servicer cancel your PMI. For more information about canceling your PMI, contact your mortgage servicer.

What happens to a mortgage if you can't find insurance? ›

Without coverage, homeowners are financially vulnerable and liable for all damages and losses. A lack of insurance can also result in mortgage default, foreclosure, or the lender obtaining more expensive forced placement insurance.

Do you need insurance on mortgage? ›

Typically, borrowers making a down payment of less than 20 percent of the purchase price of the home need to pay for mortgage insurance. Mortgage insurance also is typically required on Federal Housing Administration (FHA) and U.S. Department of Agriculture (USDA) loans.

Can you lose your house with a mortgage? ›

For any number of reasons, homeowners may struggle with their mortgage payments. Falling behind on payments or missing payments, though, can lead to what's called mortgage default. Once this happens, your house can go into foreclosure, and you may lose your home altogether.

Does home insurance affect mortgage payments? ›

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).

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