- Who sends it
- The lender's attorney files the case in D.C. Superior Court, Civil Division, and has the papers served on you
- What it starts
- 21 days from service to file an answer (D.C. Super. Ct. Civ. R. 12(a)(1)(A)), then hearings and a judge's decision on whether to order a sale
- Do this first
- Write down the day you were served and your first court date, then call Legal Aid DC at 202-628-1161 or the hotline at (202) 265-2255
What this document is in Washington, D.C.
This is the court route. Instead of selling out of court, the lender has filed a foreclosure case in D.C. Superior Court. The summons tells you that you have been sued. The complaint says why the lender thinks it can foreclose. The papers you get may also list your first court date.
The D.C. Courts say residential foreclosure cases cover houses, condos, co-ops and properties with 4 or fewer units. On this route, only a judge can order the home sold, and the sale money is applied to the debt under the court's control (D.C. Code § 42-816).
The DISB out-of-court rules, including the Notice of Default and the statutory right to cure, do not apply to court foreclosures (D.C. Code § 42-815.04). The court's own process controls instead.
The 21-day deadline and how to count it
- D.C. Superior Court Civil Rule 12(a)(1)(A) says a defendant must serve an answer within 21 days after being served with the summons and complaint. The D.C. Courts foreclosure page says the same.
- Count 21 calendar days starting the day after you were served. If you are not sure of your service date, call the Civil Actions Branch at 202-879-1133.
- If you do not respond in time, the D.C. Courts say the lender can ask the judge for a default judgment, which lets it continue with the foreclosure sale.
- Go to every hearing. Legal Aid DC says foreclosure hearings are often held remotely by phone or video, and you can also attend in person at the courthouse.
See how foreclosure works in Washington, D.C. for both routes.
What it does and does not mean
- It is not a sale date and not an eviction. A sale happens only if the judge orders one.
- You do not need a lawyer to answer, but the D.C. Courts say one may help, and free or low-cost help may be available.
- The D.C. Courts list mediation as a step in a foreclosure case and point you to the DC Foreclosure Prevention Hotline at (202) 265-2255. Ask what is available in your case.
- The D.C. Courts also say that in some cases, like residential cases, you can stop the foreclosure by paying all missed payments and other fees. Ask the lender's attorney for a written figure.
- If the sale does not cover the debt, the court can enter a judgment against you for the rest (D.C. Code § 42-816). See deficiency judgments in Washington, D.C..
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. Bring the papers.
- File your answer in time. Legal Aid DC says you can e-file through the court's eFiling system, or get in-person help at the Civil Division Clerk's Office, Moultrie Courthouse, 500 Indiana Avenue NW, Room 5000.
- Check your case and court dates on the Superior Court case search or by calling 202-879-1133.
- Send your servicer a complete loss mitigation application and keep proof. Federal rules limit a sale while a timely complete application is reviewed (12 C.F.R. § 1024.41(g)).
- Read the national guide to a summons and complaint and how to stop foreclosure in Washington, D.C..
Free help and scam warnings
The D.C. Bar Pro Bono Center runs free advice clinics and court-based resource centers, and Housing Counseling Services offers free counseling to any D.C. homeowner. See Washington, D.C. foreclosure help.
- Court filings are public, so rescue companies may contact you soon after the case is filed.
- D.C. bans foreclosure rescue deals done for pay where you transfer your home with a promise you can get it back (D.C. Code § 42-2432). Report offers to the Office of the Attorney General at 202-442-9828.
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
How long do I have to answer a D.C. foreclosure lawsuit?
21 days after you are served with the summons and complaint, under D.C. Superior Court Civil Rule 12(a)(1)(A). If you do not respond, the lender can ask for a default judgment.
Is there mediation in a D.C. court foreclosure?
The D.C. Courts list mediation as a step in a foreclosure case and refer borrowers to the DC Foreclosure Prevention Hotline at (202) 265-2255. The DISB statute itself is written for out-of-court foreclosures, so ask the hotline and the court what applies to your case.
Can I pay to stop a D.C. court foreclosure?
The D.C. Courts say that in some cases, like residential cases, a borrower can stop the foreclosure by paying all missed payments and other fees. Ask the lender's attorney for the amount in writing and talk to a lawyer about how to raise it in court.
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.
- 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.
Sources
- D.C. Code § 42-816 (court foreclosure sale; deficiency)
- D.C. Code § 42-815.04 (power of sale rules do not apply to judicial foreclosure)
- D.C. Code § 42-2432 (foreclosure rescue prohibited)
- D.C. Superior Court Civil Rule 12 (time to serve a responsive pleading)
- D.C. Courts: Mortgage Foreclosure Sales (last updated 02/12/2026)
- Legal Aid DC: Foreclosure FAQs