Skip to Main Content

FHA Security Instrument

The FHA-specific Mortgage or Deed of Trust that incorporates HUD regulations and provides unique borrower protections.

30+ Years Experience Nationwide Service Fast Response Confidential
Security Instruments

The FHA Security Instrument is the FHA-approved Mortgage or Deed of Trust used for all FHA-insured loans. Unlike conventional mortgages, the FHA Security Instrument incorporates specific HUD regulations (24 CFR Part 203) directly into the contract — including mandatory loss mitigation, face-to-face meeting requirements, and pre-foreclosure servicing obligations. Key differences from conventional security instruments include: mandatory compliance with HUD servicing requirements (incorporated by reference), a 30-day notice-of-foreclosure requirement, HUD pre-foreclosure review obligations, mandatory loss mitigation evaluation before foreclosure referral, and FHA-specific acceleration and reinstatement provisions. The FHA Security Instrument is a uniform instrument — FHA Form HUD-92900-HI (single-family) — meaning HUD has pre-approved every clause.

Purpose

  • 1Incorporate HUD regulations directly into the mortgage contract
  • 2Provide specific FHA borrower protections beyond conventional mortgages
  • 3Ensure uniform foreclosure and loss mitigation procedures for FHA loans
  • 4Document the security interest for an FHA-insured mortgage

Who Prepares It

The FHA-approved lender prepares the FHA Security Instrument using HUD-mandated forms. The borrower signs at closing. Recorded in county land records.

When It Is Used

Used for all FHA-insured loans: purchase mortgages, FHA Streamline Refinances, and FHA Cash-Out Refinances. Remains in effect until satisfaction or foreclosure.

Legal Effect

The FHA Security Instrument incorporates HUD regulations by reference — violating those regulations may constitute a breach of contract, not just an administrative violation. FHA loss mitigation requirements (FHA-HAMP, waterfall analysis, face-to-face interview) are contractual obligations, not just regulatory requirements — the lender's failure to comply may be asserted as a defense to foreclosure.

Common Mistakes

Treating an FHA mortgage as a conventional mortgage from a defense perspective — FHA loans have additional contractual protections via HUD regulations
Not asserting the lender's failure to conduct a face-to-face interview before acceleration — this is a contractual requirement in FHA Security Instruments
Overlooking FHA's mandatory loss mitigation waterfall — the lender must evaluate the borrower for all available FHA loss mitigation options, in order, before foreclosing

Homeowner Rights

Right to FHA loss mitigation evaluation (FHA-HAMP, partial claim, forbearance) before foreclosure referral
Right to a face-to-face interview (or reasonable attempt) before acceleration
Right to assert lender's non-compliance with HUD regulations as a defense in foreclosure
Right to FHA pre-foreclosure review and 30-day notice of foreclosure

Frequently Asked Questions

Is an FHA foreclosure different from a conventional foreclosure?

Yes, significantly. FHA loans have mandatory loss mitigation requirements that are part of the contract — not just guidelines. The lender must: (1) conduct or make reasonable efforts to conduct a face-to-face interview before acceleration, (2) evaluate the borrower for ALL FHA loss mitigation options in the required order (waterfall), (3) provide 30 days' notice before initiating foreclosure, and (4) submit the case to HUD pre-foreclosure review. A lender's failure to comply with these contractual obligations is a defense to foreclosure.

Free · Confidential · No Obligation

Get Your Free Full Case Review

Tell us about your situation — our senior legal team will review every detail and contact you within 24 hours with a tailored plan. No obligation. 100% confidential.

1

Submit Your Information

Tell us about your situation in complete confidence.

2

Case Analysis

Our legal team reviews your documents and foreclosure status.

3

Receive Your Strategy

We outline your best options and recommended path forward.

4

We Get to Work

Your dedicated team begins protecting your home and rights.

Call or Text Us

Monday–Friday · 10:00 AM – 6:00 PM Pacific

Contact Information
Property Information
Loan Details
Financial Situation
Your Situation

Your information is 100% confidential. We never share your details.

Free · Confidential · No Obligation

Ready to Protect Your Home?

Every day matters when facing foreclosure. Get your free, confidential consultation and learn your options — no obligation.

Available Monday–Friday · 10:00 AM – 6:00 PM Pacific

Call/Text NowFree Consultation