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What is an FHA partial claim and how does it work?

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What is an FHA Partial Claim?

If you have an FHA-insured mortgage and fell behind because of a hardship, the Partial Claim is one of the loss-mitigation options every FHA servicer must offer (HUD — FHA loss mitigation). It is an interest-free lien from HUD that covers your missed payments — the arrears. You do not pay it back now. It is repaid when the loan ends, for example when you sell the home or pay off the mortgage.

How it usually fits with other FHA options

FHA servicers can offer forbearance, a repayment plan, a loan modification, or the Partial Claim. If your hardship was temporary and has ended or will end soon, a forbearance followed by a deferral or the Partial Claim usually fits — ask your servicer for that option by name. These are the options "as currently published." A HUD-approved counselor or your servicer will confirm which ones apply to you today.

How much time do you have?

• Under federal rules, your servicer must try to contact you by day 36 of delinquency and send written notice of your loss-mitigation options by day 45 (CFPB — Mortgage servicing rules).
• A servicer generally cannot start foreclosure until you are more than 120 days behind.
• If you send a complete loss-mitigation application more than 37 days before a scheduled sale, the servicer must review it and cannot move to judgment or sale while it is pending. This is called "dual tracking" protection.

If a foreclosure lawsuit is already filed

Florida is a judicial-foreclosure state — the lender must sue you in court. You have 20 days from being served to file a written answer (Fla. Stat. ch. 702 — Foreclosure). You can still apply for the Partial Claim or another loss-mitigation option even after a suit is filed. Free foreclosure defense may be available if you qualify, by county (FloridaLawHelp.org).

Watch out for scams

No company should ask you to pay a fee up front to get you a Partial Claim or any modification. That is against federal law (FTC — Mortgage relief scams). HUD-approved housing counselors do this work for free — call 1-800-569-4287 or use HUD — Find a housing counselor.

What to do next

This is general information, not legal or financial advice, and it can be wrong. The free tool reads your own hardship, your loan type, and how far behind you are, and shows the options in the order that protects the house, your Florida timeline, and a hardship letter to send — in English or Spanish. Confirm every detail with your servicer or a HUD-approved counselor before you act.

Mortgage Hardship Helper explains federal mortgage-servicing rules, loan-program options and Florida foreclosure procedure in plain language from official sources; it can be wrong, and it is not legal or financial advice. Program terms change — your servicer and a HUD counselor confirm what applies. Nothing you paste is stored.