I'm behind on my mortgage. Can I still access my equity?

What has to be true

You own the home and it has equity in it.

The home is in California, Utah, Oregon or Arizona, and the partner serves its area.

You can keep paying your mortgage, property taxes, homeowners insurance and any HOA dues after you catch up.

You understand that the money is settled later, from the home, in one lump sum.

You have asked your servicer, in writing, what it takes to bring the mortgage current.

What gets checked

The home: its value, its condition and where it is.

Your equity: what the home is worth against what you owe on it, including the past-due amount.

Your credit: the partner does its own review, and a text to me does not pull your credit.

Any foreclosure notice: the partner reviews the status of every notice of default, notice of sale or past foreclosure on the file.

Some files with a recent notice of default, notice of sale or foreclosure may not qualify.

Tell me about every notice up front, with its date, so I can ask the partner before anything is submitted.

The California DFPI says HEI providers "may not give standard loan disclosures or follow other home loan protection laws," so the review is the partner's own (California DFPI).

What you give up

There is no monthly payment on the agreement, and you owe a lump sum later, when the home is sold, the term ends or you settle it.

That lump sum is a share of what the home is worth at that time, not of what it is worth today.

The partner records a lien against the home.

You keep ownership of the home.

You still pay your mortgage, property taxes, homeowners insurance, upkeep and any HOA dues.

If you cannot pay the lump sum when it is due, you may have to sell the home.

The DFPI describes the product this way: "In exchange for the money upfront, the homeowner agrees to repay a lump sum later, based on a percentage of the home's future value or equity" (California DFPI). Its June 2026 alert calls these "complex agreements that can lead to significant or unexpected costs" and advises homeowners to "review all terms, including how the provider's share is calculated, when repayment is required, and what fees or charges apply" (DFPI consumer alert, June 12, 2026).

The longer walk-through of the product, with the DFPI's guidance quoted in full, is on how a home equity agreement works.

The limits

Nothing on this page is a promise. The partner reviews the file and decides.

No rate, fee, share, term or amount appears on this page. Those come in writing from the partner, and you should read every page of them.

Ask the partner to show you, in writing, what you would owe if the home's value rises, stays flat or falls.

Subtract the partner's costs and any required payoffs from the amount offered before you compare it with the servicer's reinstatement quote.

Confirm who sends the funds to the servicer and the date the servicer must receive them.

Nothing here stops, pauses or delays a foreclosure, and I cannot promise that an agreement closes before a sale date.

I do not negotiate with your servicer on your behalf.

Ask your servicer

Ask your servicer what amount brings the mortgage current and through what date that amount is good. Ask for it in writing. That is your reinstatement quote.

Ask about a repayment plan, which spreads the missed payments over the months ahead.

If the regular payment itself is more than you can afford, ask about a modification before you give up a share of the home's future value.

Ask whether forbearance is available and how the missed payments would be handled when it ends.

A HUD-approved housing counselor can walk through those options with you at no charge. HUD's housing counseling page says: "To find a housing counseling agency near you please call 800-569-4287" (HUD, Housing Counseling). The CFPB has a housing counselor finder as well.

If a sale is scheduled or you have received court papers, contact local legal aid or a foreclosure attorney promptly.

What's the plan after I get my mortgage current?

Once you are current, I want to know whether next month's mortgage payment fits what you actually bring home. We'll look at when you get paid, when your bills are due, and what you can set aside each payday. If there is still a gap, you will know what to discuss with your servicer.

We'll also look at how your mortgage shows up on your credit report. Each on-time payment adds to your payment history. No result is promised, and any change in your score depends on the credit bureaus and your full credit history.

A current delinquency can narrow your HELOC and refinance options, so a home equity investment can be a way to access your equity while you are behind. Once the mortgage is current and that on-time history builds, I can check whether a HELOC or refinance fits your income and remaining equity, including whether you would need to buy out the partner. How lenders count a late payment sets out what conventional, FHA, VA and HELOC programs look at and how long they look back.

That check happens then, not now, and nothing on this page promises a later HELOC or refinance.

A new lender may need to accept the partner's lien, or may require that you settle the agreement before closing.

Before you sign an agreement, make sure you have a way to settle it even if a future refinance does not happen.

How a HELOC works next to the mortgage you keep covers the line of credit, and using home equity to pay off credit cards covers other debt once the mortgage is current.

What should I text Zach?

• Your state.
• Roughly how many days behind you are.
• Whether you have received a notice with a deadline, and its date.
• A rough home value and what you owe, if you know them.

Leave account numbers and documents out of the text. I explain the next step and, if it makes sense, introduce you to the partner.

Questions people ask next

Related questions

• I had a late mortgage payment. Can I still refinance or get a HELOC?
• How a home equity agreement works
• How a HELOC works next to the mortgage you keep
• Should I use home equity to pay off credit cards?
• Behind on property taxes too? Can I get a HELOC or refinance to pay overdue property taxes?

Talk it through with Zach