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
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