I have had to borrow out of my 401k to make my mortage payments can I claim hardship to avoid late penelitys?

Answer 1

There are four elements that must be satisfied to qualify a 401k withdrawal as a hardship withdrawal.
1. The withdrawal is necessary due to an immediate and severe financial need
2. The withdrawal is necessary to satisfy that need (i.e., you can’t get the money elsewhere)
3. The amount of the loan does not exceed the amount of the need
4. You have already obtained all distributable or non-taxable loans available under your 401k plan

There are 5 different things you can use justified hardship withdrawals for and one of them is to avoid eviction.

Contact your HR representative or your 401k administrator directly to get the ball rolling.

If you want to read more, I have linked my source below. You should look around on this site for more tips. I frequently go here and see what articles they have floating around.

Good Luck!