This short article explains the steps and timeline of a foreclosure case from starting to end.
1. Mortgage in default
Default = 1 day previous mortgage due date
Lender sends Notice of Intent to Foreclose (normally sent out 45 days after default) and a loss mitigation application
2. Foreclosure submitted in Court
- Lender’s law firm submits Order to Docket. - Can submit whenever 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 final loss mitigation affidavit
- Lender should file the last loss mitigation affidavit at least 30 days before sale
3. Foreclosure mediation (optional action)
- Homeowner needs to submit mediation request and send a payment of $50, within 25 days of:
- The Order to Docket, if last loss mitigation affidavit served at very same time
Receipt of last loss mitigation affidavit filed after the Order to Docket is submitted
In either case - 25 days from final loss mitigation affidavit
- 45 days after the house owner has actually been serviced with the Order to Docket if it has a last loss mitigation affidavit submitted with it
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