This post describes the actions and timeline of a foreclosure case from starting to end.
1. Mortgage in default
Default = 1 day past mortgage due date
Lender sends out Notice of Intent to Foreclose (typically sent 45 days after default) and a loss mitigation application
2. Foreclosure submitted in Court
- Lender's law practice submits Order to Docket. - Can submit any time after 45 days from when the Notice of Intent to Foreclose is sent (or 90 days in default)
- Lender needs to wait 28 days after filing the Order to Docket before filing the final loss mitigation affidavit
Lender should file the final loss mitigation affidavit at least 1 month before sale
3. Foreclosure mediation (optional action)
- Homeowner should file mediation demand and send a payment of $50, within 25 days of:
- The Order to Docket, if last loss mitigation affidavit served at exact same time
Receipt of final 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 property owner has actually been serviced with the Order to Docket if it has a final loss mitigation affidavit filed with it
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