Washington D.C.
Foreclosure Process
MJ Adams Law helps people face the foreclosure process in Washington, D.C.
The legal steps, deadlines, and paperwork move quickly—and missing one step can make it harder to keep your home.
But it’s helpful to have a timeline for how the process works, and it’s also helpful to have the right legal team on your side.
Set up a free consultation today.
How Does the Foreclosure Process Work in Washington, D.C.?
In D.C., foreclosures are judicial, which means they go through the court system.
Here’s how the process usually works:
Falling behind
Everything starts with a few missed payments, but your lender can’t take you to court immediately.
There has to be at least:
- 120 days of missed payments
- You have to be given a notice of default. That notice gives you time, usually about 30 days, to catch up on payments or make arrangements.
Filing the foreclosure lawsuit
If things don’t get resolved, your lender can file a foreclosure lawsuit in D.C. Superior Court.
This step makes it official—they’re asking the court to:
- Foreclose on your mortgage or deed of trust
- Enter a judgment for the debt owed
- Approve a sale of the property
The lawsuit has to name everyone with an interest in the property, including co-owners, tenants, or other lienholders.
Service of process and your answer
After the lawsuit is filed, you’ll be served by a process server—which means you’ll officially receive notice of the lawsuit. Once that happens, you have the right to answer, but it has to be done within 21 days of you being served. This is your chance to speak up and share your side of the story. This is where you can raise issues like:
- Payments that weren’t properly credited
- Unfair or predatory loan terms
- Violations of consumer protection or RESPA laws
- Errors in the foreclosure paperwork
- An ongoing loan modification that hasn’t been reviewed yet
Even if you’re not sure what to say, it’s important to respond. It keeps your case active and gives you room to explore your options.
Mediation
One unique part of the D.C. process is mandatory mediation.
Unless you’ve already filed an answer, the court will set your case for mediation first.
This gives you and your lender a chance to sit down—often with a neutral mediator—and see if you can work something out.
Litigation
If mediation doesn’t lead to a resolution, your case continues in court, also known as litigation.
With litigation, the judge will:
- Review the evidence
- Oversee motions, discovery, and hearings
- Make rulings and, eventually, issue a judgment
Most of the time, the judge is pretty lenient to you, the homeowner.
They understand how high the stakes are and might allow extra time for you if you can show that you’re making a genuine effort to find a solution.
Judgment and sale
If the court finds that you’re in default, it will issue a judgment of foreclosure and sale. From there, your property is sold—usually through a public auction handled by a trustee under court supervision. Your lender has to:
- Publish a notice of sale in a local newspaper for at least three consecutive weeks. Go through a court review of the sale to make sure everything was done correctly before confirming it.
Once the sale is confirmed, the process is over—there’s no legal right to redeem the home after that point. The money from the sale first goes toward paying off the lender. If there’s anything left over, it’s distributed to other creditors—or, if there’s still a balance, back to you. The new buyer receives a deed to the property and, if needed, can ask the Landlord-Tenant Branch of D.C. Superior Court for permission to take possession.
Obviously, every situation is different. However, the general timeline from start to finish can take anywhere from 9 to 18 months.
Reach Out to MJ Adams Law If You’re Facing Foreclosure in Washington, D.C.
You obviously never want to be in a situation where your home is in jeopardy, but in Washington, D.C., this can happen–especially if there’s health or family problems. And while the process is stressful, it’s not something you have to face alone. At MJ Adams Law, my firm will:
- Walk you through your options, whether it’s loan modification, a repayment plan, or mediation, and we’ll help you understand what’s best for your situation.
- Make sure your rights are protected against the bank and any unfair tactics they try to use in court.
- Keep track of deadlines and where the process is in court. We’ll also handle all the court filings, mediation requests, and other details so you don’t have to worry.
- If your foreclosure goes before the judge, we’ll present your defense and challenge any mistakes made by the lender.
Foreclosure is stressful enough without trying to face everything by yourself. That’s when you need the right support and guidance. Reach out today to set up a free consultation and let us guide you through the foreclosure process.