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Foreclosure Steps And Timeline
Kristi Flood edited this page 1 month ago
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Foreclosure Steps and Timeline
This post 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 (generally sent 45 days after default) and a loss mitigation application
2. Foreclosure submitted in Court
- Lender's law practice files 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 must wait 28 days after submitting the Order to Docket before submitting the last loss mitigation affidavit - Lender should submit the final loss mitigation affidavit a minimum of 1 month before sale
3. Foreclosure mediation (optional step)
- Homeowner should file mediation demand and send out a payment of $50, within 25 days of:
- The Order to Docket, if final loss mitigation affidavit served at very same time - Receipt of last 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 been serviced with the Order to Docket if it has a last loss mitigation affidavit submitted with it