This short article explains the actions 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 (usually sent out 45 days after default) and a loss mitigation application
2. Foreclosure submitted in Court
- Lender's law office files Order to Docket. - Can file whenever after 45 days from when the Notice of Intent to Foreclose is sent (or 90 days in default)
- Lender should wait 28 days after filing the Order to Docket before filing the last loss mitigation affidavit
Lender must file the final loss mitigation affidavit at least thirty days before sale
3. Foreclosure mediation (optional action)
- Homeowner should submit mediation demand and send a payment of $50, within 25 days of:
- The Order to Docket, if final 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 last loss mitigation affidavit
- 45 days after the homeowner has actually been serviced with the Order to Docket if it has a final loss mitigation affidavit filed with it
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