Foreclosure Steps And Timeline
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  • Foreclosure Steps and Timeline

    Foreclosure Steps and Timeline

    This short article explains the actions and timeline of a foreclosure case from beginning to end.

    1. Mortgage in default

    Default = 1 day previous mortgage due date
  • Lender sends out Notice of Intent to Foreclose (generally sent 45 days after default) and a loss mitigation application

    2. Foreclosure submitted in Court

    - Lender's law practice files Order to Docket. - Can file whenever after 45 days from when the Notice of Intent to Foreclose is sent out (or 90 days in default)

    - Lender must wait 28 days after filing the Order to Docket before filing the final loss mitigation affidavit
  • Lender needs to file the last loss mitigation affidavit a minimum of 1 month before sale

    3. Foreclosure mediation (optional step)

    - Homeowner must file mediation request and send a payment of $50, within 25 days of:

    - The Order to Docket, if final loss mitigation affidavit served at very same time
  • Receipt of last loss mitigation affidavit submitted after the Order to Docket is filed
  • In either case - 25 days from final loss mitigation affidavit

    - 45 days after the homeowner has actually been serviced with the Order to Docket if it has a last loss mitigation affidavit submitted with it