If you are facing foreclosure in D.C, it’s important to understand some of the basics, including:
- the most common type of foreclosure procedure (judicial v. nonjudicial) used in D.C.
- how much time you have to respond
- your rights and protections in the process, and
- what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).
Below we have outlined some of the most important features of D.C. foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.
|Common type of foreclosure process||Nonjudicial: under power of sale in deed of trust|
|Time to respond||Before sale, foreclosing party must send 30-day notice of sale to homeowner by registered or certified mail and send a copy of the notice to the DC mayor. The 30-day period begins when the mayor receives notice.|
|Reinstatement of loan before sale||Allowed up to five days before the sale, once in two consecutive years|
|Redemption after sale||No|
|Special protections for foreclosures involving high-cost mortgages||None|
|Special state protections for service members||None|
|Deficiency judgments||May be obtained by filing a lawsuit|
|Cash exempted in bankruptcy||About $11,000 for one person, $22,000 for a married couple under federal bankruptcy exemptions|
|Notice to leave after house is sold||DC law does not specify an amount of notice that must be given before former owner can be evicted. Ask a resource (see Ch.10) about local practice.|
|Foreclosure statute||D.C. Code Ann. § 42-815|