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The terms of a forbearance agreement are negotiated between the borrower and the lender. The borrower must demonstrate the need for postponing payments, such as financial difficulties brought on by a major illness or the loss of a job.
Forbearance is the intentional action of abstaining from doing something. In the context of the law, it refers to the act of delaying from enforcing a right, obligation, or debt. For example, a creditor may forbear legal action against the debtor if they settle the debt payment with new payment conditions.
There are two main types of forbearance: general and mandatory.
Forbearance is when your mortgage servicer, that's the company that sends your mortgage statement and manages your loan, or lender allows you to pause or reduce your payments for a limited period of time. Forbearance does not erase what you owe. You'll have to repay any missed or reduced payments in the future.
Once it is determined that a forbearance agreement is needed, the parties can proceed in many different ways. First, they simply may negotiate terms, document the deal, and sign the agreement. If the parties cannot reach an agreement, they may proceed to litigation and liquidation or bankruptcy.