Hardship Affidavit (RMA Form 710)
The sworn statement explaining your financial hardship — the single most important document in any loss mitigation application.
The Hardship Affidavit (officially RMA Form 710, or servicer-specific equivalents) is the sworn written statement a homeowner submits to the servicer explaining the nature and cause of their financial hardship. It is a REQUIRED component of every loss mitigation application — without it, the application is incomplete and the servicer is not obligated to review it. The affidavit must explain: what happened (job loss, medical emergency, divorce, death of a co-borrower, reduction in income, natural disaster, etc.), when it happened, whether it is temporary or permanent, how it affected your ability to pay the mortgage, and what has changed (or will change) to make the modified payment sustainable. The Hardship Affidavit is not just a form — it is sworn testimony that the servicer relies on in evaluating your application. It must be truthful, specific, and consistent with your financial documentation.
Purpose
- 1Explain to the servicer why you cannot pay your mortgage
- 2Demonstrate that the hardship is genuine and involuntary
- 3Show that the hardship is resolvable (either temporary or addressed by the proposed modification)
- 4Satisfy a mandatory requirement of the loss mitigation application
Who Prepares It
The homeowner prepares (or completes the form) and signs under penalty of perjury. It should be detailed, honest, and specific. An attorney or HUD-certified housing counselor can assist in drafting it.
When It Is Used
Submitted as part of the loss mitigation application — along with: financial worksheet (income/expenses), pay stubs (30 days), bank statements (60 days), tax returns (2 years), profit & loss statement (if self-employed), and other documentation required by the servicer.
Legal Effect
The affidavit is sworn testimony. False statements may constitute mortgage fraud. The servicer relies on the hardship explanation to determine: (1) whether the borrower qualifies for loss mitigation, (2) which option is appropriate, and (3) whether the hardship is temporary (suitable for forbearance) or permanent (suitable for modification). An inadequate or inconsistent hardship affidavit may result in denial.
Common Mistakes
Homeowner Rights
Other Affidavits & Declarations Documents
Occupancy Affidavit
The sworn statement verifying property occupancy status — owner-occupied, tenant-occupied, or vacant — critical for loss mitigation and foreclosure procedures.
Military Affidavit — SCRA Compliance
The sworn statement confirming whether the homeowner is in active military service — required in ALL foreclosures but frequently flawed.
Affidavit of Mailing / Certificate of Service
The sworn statement confirming that the required notices were mailed — non-compliance with mailing requirements can void a foreclosure.
Affidavit of Service / Return of Service
The sworn statement by the process server confirming personal or substituted service of the foreclosure complaint.
Affidavit of Publication
The sworn statement from the newspaper confirming the legal notice was published — required in publication states for non-judicial foreclosure.
Frequently Asked Questions
What qualifies as a valid hardship?▼
Servicers generally recognize: job loss or reduction in income, medical emergency/illness with significant expenses, death of a co-borrower, divorce or legal separation, natural disaster (FEMA-declared), military deployment, business failure (self-employed), incarceration, or a significant increase in housing expenses (property tax escalation, HOA special assessment). The hardship does NOT need to be permanent — you can seek forbearance for a temporary hardship or modification for a permanent hardship. The key is that the hardship is involuntary (not a choice to stop paying) and that the modified payment would be affordable.
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