This short article explains 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 Notice of Intent to Foreclose (normally sent 45 days after default) and a loss mitigation application
2. Foreclosure filed in Court
- Lender's law company submits Order to Docket. - Can file any time 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 submitting the last loss mitigation affidavit
Lender needs to file the last loss mitigation affidavit at least thirty days before sale
3. Foreclosure mediation (optional step)
- Homeowner needs to submit 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 submitted
In either case - 25 days from final loss mitigation affidavit
- 45 days after the house owner has been serviced with the Order to Docket if it has a last loss mitigation affidavit submitted with it
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