This short article describes the steps and timeline of a foreclosure case from beginning to end.
1. Mortgage in default
Default = 1 day past mortgage due date
Lender sends out Notice of Intent to Foreclose (generally sent out 45 days after default) and a loss mitigation application
2. Foreclosure filed in Court
- Lender's law office submits Order to Docket. - Can submit at any time after 45 days from when the Notice of Intent to Foreclose is sent out (or 90 days in default)
- Lender should wait 28 days after filing the Order to Docket before filing the last loss mitigation affidavit
Lender needs to file the last loss mitigation affidavit a minimum of one month before sale
3. Foreclosure mediation (optional action)
- Homeowner must file mediation request and send a payment of $50, within 25 days of:
- The Order to Docket, if last loss mitigation affidavit served at same time
Receipt of last loss mitigation affidavit submitted after the Order to Docket is submitted
In either case - 25 days from last loss mitigation affidavit
- 45 days after the homeowner has been serviced with the Order to Docket if it has a final loss mitigation affidavit filed with it
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