- Who sends it
- DISB's Mediation Administrator issues it to the lender. The final certificate is recorded in the D.C. land records
- What it starts
- A preliminary certificate starts a 30-day window to appeal to D.C. Superior Court. A final recorded certificate lets the lender send a Notice of Intention to Foreclose
- Do this first
- Find out the date the certificate was issued, then call Legal Aid DC at 202-628-1161 the same week if you think mediation was unfair
What a mediation certificate is in Washington, D.C.
A mediation certificate is DISB's paper saying the District's foreclosure mediation step is done. D.C. Code § 42-815(b)(2) says a lender must have one before it can sell your home under a power of sale, and § 42-815(d) says it must be recorded in the land records.
It is issued in a few situations under D.C. Code § 42-815.02: when you do not choose mediation (45 to 60 days after the Notice of Default was mailed), when you miss a session without good cause (within 10 days after that session), when you break a mediation agreement and the lender applies, or when mediation ends without an agreement and DISB finds the lender acted in good faith.
Preliminary versus final certificate
- After the last session without a deal, the mediator has 10 days to send a recommendation to the Mediation Administrator. Within 10 days after that, DISB issues a preliminary certificate if the lender acted in good faith, finds the lender acted in bad faith, or sends the case to another mediator (D.C. Code § 42-815.02(e)(3)(A)).
- A preliminary certificate is a 30-day preliminary decision. It is not recorded. If no appeal is filed in 30 days, the lender can ask for a final certificate (D.C. Code § 42-815.02(e)(3)(B)). DISB lists the lender's form for this as the Application for Final Mediation Certificate (Form FM-R1).
- If DISB finds the lender did not act in good faith and the lender does not appeal within 30 days, the Notice of Default becomes void (D.C. Code § 42-815.02(e)(3)(C)). The lender would have to start over.
- A final recorded certificate is strong proof that the steps were followed, and a later buyer can rely on it (D.C. Code § 42-815.02(h-3)). That is why acting during the 30 days matters.
The 30-day appeal window and how to count it
- You may appeal a preliminary certificate to D.C. Superior Court during the 30 days. The statute counts from the certificate, so ask DISB for its exact issue date.
- When you file the appeal, you must also file a copy with the Mediation Administrator at the same time (D.C. Code § 42-815.02(e)(3)(B)(ii)).
- While your appeal is pending, all foreclosure activity is on hold (D.C. Code § 42-815.02(e)(3)(B)(iv)).
- If you settled in mediation and the lender breaks the deal, the lender owes a $1,000 penalty and must perform the agreement. If you break it, the lender can apply to DISB, which may issue a certificate within 10 days (D.C. Code § 42-815.02(e)(4)).
Once a final certificate is recorded, the lender can send the Notice of Intention to Foreclose. A sale is void if that notice is filed without a final recorded mediation certificate (D.C. Code § 42-815.02(h-1)).
What to do this week
- Call DISB's Mediation Administrator at (202) 442-7765 or email DISB.mediation@dc.gov and ask what kind of certificate was issued and on what date.
- If you believe the lender did not bring the required papers, skipped a session or did not negotiate in good faith, call Legal Aid DC at 202-628-1161 or the DC Foreclosure Prevention Hotline at (202) 265-2255 right away. The 30 days go fast.
- Keep every paper from mediation: notes, offers, denial letters and the lender's written reasons for rejecting your proposal.
- Keep talking to your servicer about options. Read how to stop foreclosure in Washington, D.C. and foreclosure mediation in Washington, D.C..
Free help and scam warnings
The DISB Foreclosure Prevention Program and Housing Counseling Services offer free counseling to any D.C. residential property owner at (202) 265-2255. A counselor may connect you with a few hours of free legal help. See Washington, D.C. foreclosure help and the national guide to a mediation notice.
- Final certificates are recorded in public land records. People who watch these records may contact you with "rescue" offers.
- D.C. bans foreclosure rescue deals done for pay where you transfer your home with a promise to get it back (D.C. Code § 42-2432). Never sign over your deed to stop a sale without talking to a lawyer.
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 appeal a D.C. preliminary mediation certificate?
Yes. You have 30 days to file an appeal in D.C. Superior Court, and you must file a copy with DISB's Mediation Administrator at the same time. Foreclosure is on hold while the appeal is pending (D.C. Code § 42-815.02(e)(3)(B)).
What happens if I miss a D.C. mediation session?
If you miss a session without good cause, the Mediation Administrator must issue a certificate to the lender within 10 days after that session. Call DISB at once if something kept you from attending.
Can a D.C. lender sell without a recorded mediation certificate?
Not on the out-of-court route. A sale is void if the lender files its Notice of Intention to Foreclose without a final recorded mediation certificate (D.C. Code § 42-815.02(h-1)).
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.
- 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.
- 30-day notice to quit after a foreclosure saleAfter 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.