District of Columbia · Weigh your options

Can the lender come after you for the rest? Deficiency judgments in Washington, D.C.

Washington, D.C. allows deficiency judgments in court foreclosures. If a court-ordered sale does not bring enough to pay the mortgage debt, the court can enter a personal judgment against you for the rest, and it is enforced like any other judgment. For out of court sales, we found no D.C. statute on deficiencies, so the lender would need to bring a court case to get a judgment.

Ask for help in Washington, D.C. Free HUD counselor: (800) 569-4287

Reviewed against District of Columbia law and official sources on October 12, 2026. General information, not legal advice.

Deficiency rules in Washington, D.C., point by point

Court foreclosure: personal judgment for the rest
After the court-ordered sale
If the net sale proceeds do not pay the mortgage debt, the court may enter a decree against the borrower or other party liable for the debt for the remaining amount, if the lender could otherwise sue for it. The decree is enforced by execution like a judgment at law.
D.C. Code § 42-816
Out of court (power of sale) foreclosure
After a trustee's sale
D.C.'s deficiency statute is written for court foreclosures. We found no statute that sets the rule after a power of sale, so a lender would need to sue and win a judgment before collecting any balance.
D.C. Code § 42-816
The mediation fee cannot be added to a deficiency
After a power of sale
The lender pays a fee for each notice of default. It may recover that fee from sale proceeds only if money is left after the debt and sale costs, and it may not recover it if there is a deficiency.
D.C. Code § 42-815.02(f)
Short sale, deed in lieu or consent judgment in rem
Before you sign
D.C. has no statute that cancels the balance after these options, so the written agreement controls. Legal Aid DC says to ask the lender to agree in writing to forgive what is left. In a consent judgment in rem, you agree to the foreclosure but the lender seeks no money judgment against you personally.
How long a judgment lasts
12 years
A recorded money judgment can be enforced for 12 years from when execution could first issue or from its last revival. While it is in force, it is a lien on your real estate in D.C.
D.C. Code §§ 15-101, 15-102
Wage garnishment limit
Only after a judgment
A wage attachment can take only 25 percent of the amount by which your weekly disposable wages exceed 40 times the D.C. minimum hourly wage. Only one wage attachment can be collected at a time.
D.C. Code § 16-572
If you get a deficiency letter or lawsuit
Right away
Call the DC Foreclosure Prevention Hotline at (202) 265-2255, Monday to Friday, 9 a.m. to 5 p.m. A housing counselor can review your situation and may connect you to up to five hours of free legal help.

The short answer in Washington, D.C.

Can the lender come after me for the rest?

Deficiency judgments allowed

D.C. allows deficiency judgments. In a court foreclosure, if the sale does not bring enough to pay the mortgage debt, the court can enter a judgment against you for the rest. Legal Aid DC warns that if your home sells for less than you owe, the mortgage company might try to collect the balance from you. After an out-of-court sale, the lender would need to bring a court case to get a judgment. Ask for a written release of any remaining debt in a short sale or deed in lieu agreement.

D.C. Code § 42-816

Never pay an upfront fee to stop a foreclosure.

Once a foreclosure is public record, strangers will call, text and mail you with offers to “save your home.” Under federal law a company cannot collect a fee for mortgage relief until you have a written offer from your lender that you accept. Never sign over your deed, and never send your mortgage payment to anyone but your servicer. How to spot a foreclosure rescue scam.

District of Columbia law: D.C. law bans foreclosure rescue transactions done for pay or profit. These are deals where you transfer title or an interest in your home during a default, foreclosure or tax sale with a promise that you can get it back later. It is also illegal to advertise foreclosure rescue services without a clear and exact description of what is offered and how it will help. Family members and real nonprofit housing groups that are not acting for gain are not covered by the ban. The law allows private lawsuits and criminal penalties. (D.C. Code §§ 42-2431 to 42-2435)

Common questions in Washington, D.C.

What is a consent judgment in rem in a Washington, D.C. foreclosure?

You agree to a judgment of foreclosure so the home is sold at auction, and the mortgage company agrees it is seeking a judgment only against the property, not a money judgment against you. Legal Aid DC says this protects you from owing more to the mortgage company after the sale. It needs the mortgage company's approval.

How long can a Washington, D.C. deficiency judgment be collected?

A recorded money judgment can be enforced for 12 years, measured from when execution could first issue or from the last order reviving it. After that period it has no further effect unless an enforcement case is already pending.

How much of my paycheck can be garnished in Washington, D.C. for a mortgage shortfall?

The attachment is limited to 25 percent of the amount by which your weekly disposable wages exceed 40 times the D.C. minimum hourly wage. This protects lower-wage workers more than the federal rule. Only one wage attachment is satisfied at a time.

Step by step

Free help anywhere in the country

HUD-approved housing counselors
Free foreclosure prevention counseling from agencies approved by the U.S. Department of Housing and Urban Development. A counselor can review your budget and deal with your servicer alongside you.
(800) 569-4287
CFPB: help for struggling homeowners
Plain-language guides from the Consumer Financial Protection Bureau, and a complaint form if your mortgage servicer is not following the rules.
Legal Services Corporation: find legal aid
Find the free civil legal aid office for your county if you have been served with a foreclosure lawsuit or given a sale date and cannot afford a lawyer.

Ask a question

Need help avoiding foreclosure in Washington, D.C.?

Tell us where things stand. A person reads every message and writes back with the options that fit your situation and the free, official help available in Washington, D.C..

Free. There is nothing to buy and no fee, ever.
No loan number, Social Security number or documents needed.
We are not your lender, a law firm or a government agency.

If a sale is days away, do not wait for an email. Call a free HUD-approved housing counselor now at (800) 569-4287.

Your first name

State where the home is

Phone (optional if you gave an email)

Where are things right now?

Type of mortgage

What do you want most?

Anything else we should know? (optional)For example: a sale date, what your servicer has told you, or what changed in your income. Please do not include your loan number, Social Security number or bank details.

Free, and there is nothing to buy. A person reads your message and replies by email, or by phone if you leave a number. We never ask for a fee and we do not sell your details. See the privacy policy.

Can the lender come after you for the rest? Deficiency judgments in Washington, D.C.

Deficiency rules in Washington, D.C., point by point

Court foreclosure: personal judgment for the rest

Out of court (power of sale) foreclosure

The mediation fee cannot be added to a deficiency

Short sale, deed in lieu or consent judgment in rem

How long a judgment lasts

Wage garnishment limit

If you get a deficiency letter or lawsuit

The short answer in Washington, D.C.

Can the lender come after me for the rest?

Common questions in Washington, D.C.

More on foreclosure in Washington, D.C.

Understand the process

Weigh your options

Get help now

Free help anywhere in the country

HUD-approved housing counselors

CFPB: help for struggling homeowners

Legal Services Corporation: find legal aid

Need help avoiding foreclosure in Washington, D.C.?

Sources for this page