This short article explains 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 Notice of Intent to Foreclose (generally sent 45 days after default) and a loss mitigation application
2. Foreclosure filed in Court
- Lender's law office 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 filing the final loss mitigation affidavit
- Lender needs to submit the final loss mitigation affidavit a minimum of thirty days before sale
3. Foreclosure mediation (optional step)
- Homeowner needs to file mediation demand and send out a payment of $50, within 25 days of:
- The Order to Docket, if last loss mitigation affidavit served at same time
Receipt of final 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 homeowner has been serviced with the Order to Docket if it has a final loss mitigation affidavit submitted with it
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