State Foreclosure Laws       [Select a Different State]

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Summary:

Non-judicial foreclosure in the District of Columbia requires that a power of sale clause authorizing the lender, in the event of default, to sell the property to recover the loan balance.

If the power of sale clause specifies the time, place, and terms of sale, then that procedure must be followed. If not, then the lender must obtain a court order outlining the terms of sale.

The lender must send a written notice of sale to the borrower via certified mail, and also send a copy to the Mayor's office. The sale may take place 30 days after receipt of the notice of sale by the Mayor's office.

The lender may sue for a deficiency judgment against the borrower. The borrower has no rights of redemption following the sale.

Links:

• Sec. 49-1. When foreclosure a bar to further action on debt
  Law which regulates any further action on a debt that is already being foreclosed on.
  
  
• Sec. 49-14. Deficiency judgment
  Law which regulates the right to file a motion (right to file an order) after a redemption period.
  
  
• Sec. 49-16. Foreclosure certificate. Penalty
  Law which regulates that a certificate of title must be recorded after title has been given to the new owner.
  
  
• Sec. 49-21. Defendant to receive and file certificate of satisfaction or certificates of judgment of strict foreclosure or foreclosure by sale
  Law which regulates that a defendant must be given a satisfaction notice after all payments have been received by the plaintiff.
  
  
• Sec. 49-31e. Notice to homeowner of protections from foreclosure
  Law which regulates the lender must notify homeowner if they qualify for the protection from foreclosure, listed in Sec 49-31d.
  
  
• Sec. 49-29. Expenses of sale and costs
  Law which regulates what order the proceeds will be distributed.
  
  
• District of Columbia Code