The HECM 6-Month Deadline: How to Request Extensions and What Documentation You Need
HUD guidelines require HECM servicers to initiate foreclosure within 6 months of the loan becoming due and payable (typically the borrower's death date). However, servicers can grant up to three 90-day extensions — potentially extending the total window to approximately 12 months. Each extension requires specific documentation proving heirs are actively working toward resolution. Failing to communicate proactively with the servicer is the most common reason extensions are denied and foreclosure proceeds.
The Legal Basis: HUD's Due and Payable Timeline
HUD Regulatory Framework for HECM Timelines
HUD Mortgagee Letter 2015-10 (ML 2015-10): Establishes the 'Due and Payable Timeline' — servicers must complete certain actions within defined windows after a HECM becomes due and payable.
First Legal Action Deadline: Servicer must take first legal action (file foreclosure) within 6 months of the due and payable date — unless an extension is approved by HUD.
Extension Authority: Servicers may grant extensions in 90-day increments, up to 3 times (maximum ~12 months total from death), when heirs demonstrate 'good cause' — active steps toward resolution.
HUD Assignment Option: If servicer cannot complete foreclosure within HUD timelines, servicer may assign the loan to HUD, which then manages the foreclosure. This can add months to the timeline.
24 C.F.R. § 206.55: Non-Borrowing Spouse Deferral Period — separate rule; during Deferral Period, the 6-month clock does not run against a qualifying surviving spouse.
CFPB Regulation X § 1024.41: Servicers cannot complete a foreclosure sale while a complete loss mitigation application is pending — provides additional protection if heir submits a formal application.
Extension 1: Months 1–6 → Requesting the First 90-Day Extension
Timing: Submit Before Month 6 Expires
The first extension request should be submitted to the servicer no later than Month 5 after the borrower's death — ideally earlier. Do not wait for the servicer to contact you about the expiring deadline.
Documentation Required for First Extension
| ContentWhat It ShowsContentWhere to Get It** | | --- | --- | --- | | Current MLS listing agreement | Property is actively listed for sale at a reasonable price based on a comparative market analysis | Real estate agent; listing platform | | OR: Mortgage application confirmation | Heir has submitted a refinance application and is in underwriting | Lender confirmation letter; application tracking number | | OR: Short sale / deed-in-lieu application | Heir has submitted a formal loss mitigation application to the servicer | Servicer's loss mitigation department | | Death certificate (certified copy) | Confirms date of death — establishes when clock started | County vital records | | Letters Testamentary or Letters of Administration | Confirms heir has legal authority to act on the estate | Local probate court | | Proof of heir identity and relationship | Heir is who they say they are | Government ID + birth certificate or marriage certificate | | Cover letter explaining the situation | Context for servicer review; demonstrates proactive communication | Draft yourself or with attorney assistance |
Extension 2: Months 7–9 → Requesting the Second 90-Day Extension
For the second extension, the servicer needs to see that genuine progress has been made since the first extension was granted — not simply a continuation of the same initial steps.
| ContentDocumentation to Show Progress** | | --- | --- | | Property listed for sale, no offer yet | Updated MLS listing with price reduction history; documentation of showings; agent's market analysis explaining why sale has not closed | | Offer accepted, sale pending | Executed purchase and sale agreement; expected closing date; any contingencies being resolved | | Refinance in progress | Updated loan status from lender (conditional approval, appraisal completed, clear to close timeline) | | Probate complications delaying resolution | Estate attorney letter explaining specific probate issue (contested will, missing heir, court scheduling delay); documentation of active court proceedings | | Property damage / insurance claim | Insurance adjuster report; claim tracking number; estimated repair timeline |
Extension 3: Months 10–12 → Final Extension (If Necessary)
The third extension is the last one typically available under HUD guidelines. At this point, the servicer and HUD need compelling evidence that resolution is imminent — not that work is still in the early stages.
If you are requesting a third extension, you should have a specific closing date confirmed for a sale or refinance, OR a formal deed-in-lieu or short sale approval letter from the servicer already in hand. A third extension request without a concrete resolution timeline will likely be denied.
Third Extension Documentation
- Executed purchase contract with confirmed closing date within the extension period
- OR: Clear-to-close letter from a lender with closing date
- OR: Formal deed-in-lieu agreement signed by servicer
- OR: Servicer-approved short sale agreement with buyer under contract
How to Submit an Extension Request: Step-by-Step
- Call the servicer's HECM loss mitigation department (not general customer service) and state: 'I am a successor in interest requesting a 90-day extension under HUD's HECM Due and Payable Guidelines.'
- Ask for the specific fax number, email address, or mailing address for HECM extension requests — this is often different from the general mortgage loss mitigation address.
- Prepare a written extension request letter that includes: (a) borrower's name and loan number, (b) date of death, (c) your name and relationship to borrower, (d) specific documentation you are attaching to show good cause, (e) specific resolution you are working toward and expected timeline.
- Submit all documents via certified mail AND by the servicer's preferred electronic method (email or online portal). Keep a copy of everything submitted with timestamps.
- Follow up by phone within 5 business days of submission to confirm receipt. Document the name of the servicer representative, date, and time of each call.
- If the servicer denies the extension or fails to respond, contact a CFPB-approved HUD housing counselor immediately: 1-800-569-4287. The servicer's failure to follow HUD guidelines may be grounds for a formal complaint with HUD or CFPB.
What If the Servicer Is Unresponsive or Refuses Extensions?
If a servicer fails to recognize a heir as successor in interest, refuses to communicate, or denies an extension for improper reasons, heirs have several escalation options:
| ContentContactContentBasis** | | --- | --- | --- | | CFPB Complaint | consumerfinance.gov/complaint | (855) 411-2372 | Servicer violating CFPB Regulation X successor-in-interest requirements (12 C.F.R. § 1024.30) | | HUD FHA Resource Center | (800) CALL-FHA or (800) 225-5342 | hud.gov | Servicer violating HUD HECM servicing guidelines (ML 2015-10) | | State Attorney General Consumer Protection | Your state AG's website | Unfair or deceptive servicer practices | | Bennett v. Bank of America defense | Florida and other states | Court held servicer cannot 'pounce immediately' upon borrower's death — estate needs reasonable time to complete probate | | Federal court TRO | File in federal district court | If foreclosure sale date is imminent and servicer violated CFPB/HUD rules — emergency restraining order possible |