- Who sends it
- The new owner who bought the home at the foreclosure sale, or its attorney or agent
- What it starts
- At least 30 days' written notice before the buyer can file an eviction case. Only a court case can lead to your removal
- Do this first
- Check that a deed to the buyer has been recorded, write down the date you got the notice, and call Legal Aid DC at 202-628-1161
What this notice is in Washington, D.C.
Under D.C. Code § 42-522, after a home is sold under a mortgage or deed of trust and conveyed to the buyer, the former owner who stays in the home is treated as a tenant at will. D.C. Code § 42-3203 says a tenancy at will can be ended by 30 days' notice in writing.
Legal Aid DC says that to evict a foreclosed homeowner, the new owner must be named on the recorded deed, must send a 30-day notice, and must file an eviction case after the 30 days have run out.
No notice until a deed is recorded
Since 2022, D.C. Code § 42-815.05 says a buyer at a foreclosure auction cannot issue a notice to quit, start a case for possession, or charge rent or use and occupancy against a current occupant unless a deed to the buyer has been recorded at the Recorder of Deeds.
So a notice that arrives before the buyer's deed is recorded may not count. Ask a lawyer to check the date of the recorded deed against the date of the notice.
How to count the 30 days
- The law says 30 days' notice in writing. Count from the day the notice was given to you, and keep the envelope and any proof of how it was delivered.
- The buyer can file an eviction case only after the 30 days have run out, per Legal Aid DC.
- When the case is filed, you will be served with court papers with a hearing date. Read them right away and go to every hearing.
- Renters are different. D.C. Code § 42-815.05(b) says it does not change the rights of tenants whose leases survive the foreclosure. A renter should get legal advice before moving.
What it does and does not mean
- It is not an eviction order. Only a court can order you removed.
- It does not give you a right to buy the home back. We found no D.C. law allowing redemption after a mortgage foreclosure sale. See after a foreclosure sale in Washington, D.C..
- If the home sold for more than the debt and costs, you may be owed the extra money. See foreclosure surplus funds in Washington, D.C..
- If the buyer offers money for you to move by a date, that is a separate deal. Get it in writing. See the national guide to a notice to vacate.
What to do this week
- Call Legal Aid DC at 202-628-1161 or the DC Foreclosure Prevention Hotline at (202) 265-2255 to be connected with free legal help.
- Ask the buyer or its attorney in writing for a copy of the recorded deed.
- Start planning where you will move, and ask about relocation help or cash for keys.
- Ask the trustee or, in a court case, the court for an accounting of the sale so you know whether there is surplus money.
- Never sign over a surplus claim to a company that offers to collect it for a fee before talking to Legal Aid DC. D.C. also bans for-pay foreclosure rescue deals (D.C. Code § 42-2432).
The rest of the District of Columbia process
See how foreclosure works in District of Columbia, the timeline, ways to stop it and free help in District of Columbia, or read the national guide to this letter.
Common questions
Can I be evicted right after a D.C. foreclosure auction?
No. The buyer must have a recorded deed (D.C. Code § 42-815.05), give you at least 30 days' written notice (D.C. Code §§ 42-522, 42-3203), and then file an eviction case in court.
Can the D.C. buyer charge me rent after the foreclosure sale?
Not until a deed to the buyer is recorded at the Recorder of Deeds. D.C. Code § 42-815.05 bars charging rent or use and occupancy before then.
I rent a home that was foreclosed in D.C. Does this notice apply to me?
Tenants have separate rights. The deed rule does not change the rights of tenants whose tenancies survive foreclosure. Get legal advice before you move out.
Other District of Columbia letters
- 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.
- 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.
- 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.
- Summons and Complaint for foreclosure in D.C. Superior CourtIf 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.