Personal Property
9 min read
What Does Et Al. Mean on a Deed? A Guide to Real Estate Terminology
Personal Property
Foreclosure Crisis 2025: Will Foreclosures Increase in 2025?
Get the legal advice you need without the hourly legal fees
The American housing market is facing a crisis of confidence. Home values have surged in recent years, mortgage rates have risen sharply, and millions of homeowners have found themselves stretching financially to keep up with payments. For some, that means wondering: could foreclosure happen to me in 2025?
The short answer is: foreclosures are expected to increase in 2025, but not to the crisis levels of 2008. Here’s what’s happening, why, and what homeowners can do to protect themselves.
The current foreclosure landscape
Foreclosure activity has been gradually climbing from the historic lows seen during the pandemic moratorium period. Government protections expired, and homeowners who deferred mortgage payments have faced catch-up periods. Meanwhile, rising interest rates have made refinancing less accessible for many borrowers.
Industry data indicates that foreclosure filings—including default notices, scheduled auctions, and bank repossessions—have been on an upward trend. While levels remain below pre-pandemic norms in many markets, specific regions and property segments are seeing notable increases.
Why foreclosures are rising
Several factors are contributing to the increase in 2025:
- End of payment forbearance: COVID-era protections allowed millions of homeowners to pause payments. As those agreements concluded and catch-up payments came due, some homeowners couldn’t keep up.
- High interest rates: Mortgage rates at multi-decade highs have increased monthly payments for adjustable-rate borrowers and priced out refinancing as a relief option.
- Home equity erosion in some markets: In areas where prices have declined, some homeowners are “underwater”—owing more than the home is worth—making a sale difficult.
- Inflation and cost of living pressures: Higher costs for essentials have squeezed household budgets, making mortgage payments harder to prioritize.
What homeowners can do now
If you’re struggling to make mortgage payments, early action is critical. Here are steps to consider:
Contact your lender immediately
Lenders generally prefer to work out a solution rather than go through the costly foreclosure process. Options may include loan modification, forbearance, or a repayment plan for past-due amounts.
Explore government assistance programs
The Homeowner Assistance Fund (HAF) and other state and federal programs may offer grants or loans to help eligible homeowners catch up on mortgage payments, property taxes, and related costs.
Consider refinancing or a HELOC
If you have equity in your home, a cash-out refinance or home equity line of credit might provide funds to address the shortfall—though rising interest rates have made this less advantageous for many.
Look into a short sale
If you owe more than the home is worth or can’t catch up on payments, a short sale (selling for less than the outstanding mortgage balance) may be preferable to foreclosure—though it still has credit implications.
Get legal advice early
Foreclosure law varies significantly by state. In some states, the process can move quickly. Understanding your rights—including any right to cure the default, redeem the property after sale, or challenge procedural errors—requires knowing your state’s laws. A real estate attorney can explain your options before it’s too late.
How LegalShield can help
Facing foreclosure is one of the most stressful situations a homeowner can encounter. A LegalShield provider lawyer can review your mortgage documents, explain your rights in your state, help you communicate with your lender, and advise you on your best legal options.
With a LegalShield membership, you get access to experienced real estate attorneys for a predictable monthly cost—rather than paying high hourly rates at the moment you need help most.
Explore LegalShield’s real estate legal resources to learn more about how we can help.
Frequently Asked Questions
Legal requests related to foreclosures reached their highest level in five years, with calls spiking in May 2025 to the highest level since April 2020. This data suggests that foreclosure rates may continue to climb as economic pressures mount.
Based on current trends showing foreclosures rising and the highest legal request levels in five years, experts are concerned that foreclosures could continue to increase as homeowners face mounting financial pressures.
More than 70% of homeowners and prospective buyers worry that a potential recession and tariffs could disrupt their housing plans, contributing to concerns about whether rising foreclosure rates will continue.
Over a third of current homeowners (38%) experience costly legal issues related to their property.
30% of survey respondents have walked away from buying a home due to preventable legal problems, demonstrating how foreclosures rising and legal concerns are impacting market participation.
LegalShield's Housing Construction Index is down 4.1% this year and at its lowest level since March 2020, partly due to concerns about increasing foreclosure rates and market instability.
Survey methodology and data sources
The LegalShield survey was conducted in May 2025 and surveyed 802 adults, ages 25-75, who live in the United States. The sample was balanced by age, among other demographic variables, according to the U.S. Census. Legal request data is based on LegalShield's analysis of consumer calls and inquiries from their network of provider attorneys serving consumers nationwide.
This comprehensive data provides unique insight into the real-world impact of economic pressures on American families, offering a ground-level view of housing market stress that complements traditional economic indicators. As foreclosure data continues to emerge, this information becomes increasingly valuable for understanding market trends.
Get the legal help that you deserve amid foreclosures rising
If you're facing housing legal challenges or want to protect your home investment as foreclosure rates continue to climb, LegalShield provides access to qualified attorneys who can help with foreclosure prevention, home purchase legal review, and property-related legal issues.
_____________________________________________________________
Get the Answers You Need, When You Need Them
Author
Elyse Dillard
Content Specialist at LegalShield
Content Specialist at LegalShield, creating educational resources about legal and consumer protection topics. She focuses on making complex legal and financial concepts accessible to readers and has contributed to various educational articles on consumer rights and protections.
Related articles
Personal Property
9 min read
Revocable vs. Irrevocable Trust: Which Is Right for You?
A Revocable vs. Irrevocable Trust comes down to one trade-off: control versus protection. Revocable lets you stay in the driver's seat. Irrevocable moves your assets somewhere creditors and estate taxes can't easily reach.
Personal Property
7 min read
How to Handle a Partition Action When You and a Co-Owner Can't Agree
A partition action can help give you a path forward when you just can’t agree with a property co-owner — even if you’ve reached a stalemate.
Personal Property
5 min read
How to Update a Will and Why You Shouldn't Do It Without a Lawyer
A mistake in your Will could leave your loved ones facing legal issues during one of the hardest moments in their lives. We’ll explain how to update a Will, and why it’s best to do so with legal help.
Personal Property
6 min read
How To Settle an Estate With a Will: A 7 Step Guide
Estate settlement involves managing a deceased person's finances. As the executor, you'll pay their legal debts and distribute their assets to the people they named.
Personal Property
10 min read
How To Put Your House in a Trust: A 5-Step Guide
Instead of going through court, your home can pass directly to the people you’ve chosen.
