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How to avoidForeclosure

District of Columbia · What this letter means

District of Columbia foreclosure letters and notices

The papers District of Columbia homeowners receive, in the order they usually arrive. Each page uses the name on the District of Columbia document, explains the deadline it starts under District of Columbia law, and lists what to do this week.

  1. Step 1

    Notice of Default on Residential Mortgage (Form FM-1)

    In Washington, D.C., a lender that wants to sell your home out of court must first mail you a Notice of Default on Residential Mortgage (Form FM-1) with mediation forms. You have 30 days from the mailing to choose mediation with the District's Department of Insurance, Securities and Banking (DISB). If you miss that date, you lose the right to mediation.

    What it means
  2. Step 2

    Mediation Certificate (preliminary and final)

    In Washington, D.C., a lender cannot use the power of sale until DISB's Mediation Administrator issues a mediation certificate. If mediation ends without a deal, DISB first issues a preliminary certificate, and you have 30 days to appeal to D.C. Superior Court. Once a final certificate is recorded, the lender can send the sale notice.

    What it means
  3. Step 3

    Notice of Intention to Foreclose a Residential Mortgage (Form FM-5)

    In Washington, D.C., the Notice of Intention to Foreclose a Residential Mortgage (Form FM-5) is the out-of-court sale notice. It gives the date, time and place of the auction and the amount needed to cure. The sale cannot happen until at least 30 days after the Recorder of Deeds receives its copy, and you can cure up to 5 business days before bidding starts.

    What it means
  4. Step 4

    Summons and Complaint for foreclosure in D.C. Superior Court

    If your lender sues to foreclose in Washington, D.C., you are served with a Summons and Complaint from D.C. Superior Court. Court Rule 12 gives you 21 days after service to file an answer. If you do not respond, the lender can ask the judge for a default judgment and move toward a sale.

    What it means
  5. Step 5

    30-day notice to quit after a foreclosure sale

    After a foreclosure sale in Washington, D.C., you cannot be removed just because the auction happened. The buyer must first record a deed, then give you written notice of at least 30 days, and then win an eviction case in court. A notice to quit is not an eviction order.

    What it means

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