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What should I ask a housing counselor or foreclosure attorney?

A first meeting goes better when you bring your papers and a short list of questions. A HUD-approved housing counselor is free and can help you work with your loan company. A licensed attorney can give you legal advice about your rights and deadlines. Use this list to get the most from both.

By Guillermo Serafin, broker and owner of Serve First Realty. Updated October 2026.

What is the difference between a counselor and an attorney?

  • A HUD-approved housing counselor is free. They can explain your choices, help you fill out an application, and talk with your loan company for you, with your permission.
  • An attorney can give legal advice, look at whether your loan company broke the law, and go to court for you. Free legal aid is available if you qualify, often based on income or age.
  • Real estate agents, lenders, and legal document assistants, including our team, are not attorneys and cannot give legal advice.

What should I bring?

  • Every notice you got, such as the Notice of Default and the Notice of Trustee's Sale.
  • Your last two mortgage statements and any letters from your loan company.
  • Proof of everything you sent, with dates and tracking numbers.
  • Your call notes. Our servicer call log can help.
  • Proof of income, your last two bank statements, and your last two tax returns.
  • A short hardship letter that explains what happened.
  • Any court papers, and the date you got them.

Questions about my deadlines

  • Is a sale date set? If so, what is my last day to catch up? In California, the right to catch up, called reinstatement, generally ends 5 business days before the sale.
  • Has my sale been postponed? How do I confirm it with the trustee?
  • Is my loan modification application complete? Did it arrive in time to pause the sale?
  • What is the most important thing I must do this week?

Questions about my loan and my rights

  • Who owns or insures my loan: FHA, VA, USDA, Fannie Mae, Freddie Mac, or a private lender? Each has different options.
  • Is my loan covered by the California Homeowner Bill of Rights? It generally covers first loans on owner-lived homes with 1 to 4 units.
  • Did my loan company contact me before the Notice of Default, as the law requires?
  • Do I have a single point of contact? Who is it?
  • If my loan company broke the rules, what can I do before the trustee's deed is recorded?
  • Am I in the military, or was I in the last year? Do I have extra protection?

Questions about my choices

  • Can I get a repayment plan, forbearance, or loan modification?
  • If I cannot keep the home, should I sell, do a short sale, or offer a deed in lieu of foreclosure?
  • Could listing my home for sale delay the auction? See selling to save your equity.
  • Should I talk to a bankruptcy attorney?
  • Will I still owe money on a second loan? What about taxes?
  • Compare your options in foreclosure alternatives compared.

Questions to ask about the helper

  • Are you HUD-approved? Or what is your State Bar number?
  • What are your fees, and when are they due? California generally prohibits charging homeowners for loan modification or forbearance help before every promised service is fully done, and federal law adds more payment conditions. A real estate license does not create an exception.
  • Who will actually do the work on my case?
  • Will you put your promises in writing?

A real helper will not mind these questions. Be careful with anyone who guarantees results or asks you to sign over your deed. See our scam red flags checklist.

Where can I find a counselor or attorney?

General information, not legal advice. Sources: California Civil Code sections 2923.5, 2923.55, 2923.6, 2923.7, 2924c, 2924.12, 2924.15, and 2944.7; 12 C.F.R. section 1024.41; 50 U.S.C. section 3953; California Department of Real Estate, "Suggested Questions to Ask Real Estate and Home Loan Service Providers" (2014).

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IMPORTANT NOTICE

Serve First Realty is not associated with the government, and our service is not approved by the government or your lender.

Even if you accept this offer and use our service, your lender may not agree to change your loan.

Asking for a guide or giving contact permission does not stop foreclosure or extend a deadline.

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