District of Columbia foreclosure laws: how mediation and the process work

In D.C., your lender can't sell your home until a mediation certificate is recorded, and a sale without one is void. When the notice of default arrives, you can choose mediation, where the lender has to meet with you in good faith.

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By Ross Kilburn
Law checked Mar 14, 2026. Deadlines rechecked Nov 4, 2026. HOA rules rechecked Nov 3, 2026. · See the 13 sources · How we check our guides
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D.C. at a glance

Does a D.C. foreclosure go through a court?
Usually not: most are trustee sales under a deed of trust, but each one has to go through D.C.'s mediation program first.
How long do you have to choose mediation?
30 days after the notice of default is mailed.
How long does it take?
No law sets a total; if you choose mediation, it must start within 90 days and end within 180 days of the default notice.
How far behind can you get before it starts?
Usually more than 120 days, which is about four months of missed payments.
How long can you catch up?
Until five business days before bidding starts, once in any two calendar years.
Can you get the house back after the sale?
No: D.C. has no right to buy a home back after the sale.
Can the lender come after you for what the sale doesn't cover?
Yes: D.C. allows a court judgment for the leftover balance, with no credit for the home's market value.
How many D.C. homeowners are 90+ days behind?
The share of borrowers with a mortgage who were 90+ days behind was 1.4% in the first quarter of 2025, higher than the U.S. (1.2%). How D.C. compares

Your 30 days to choose mediation in D.C.

D.C.'s foreclosure process turns on one choice. The notice of default your lender sends comes with a mediation election form. If you send it back within 30 days of the mailing, your lender has to sit down with you and a neutral mediator before it can foreclose. (D.C. Code 42-815.02)

To choose mediation, do three things within those 30 days: send the election form and the fee to the Mediation Administrator, and send an application for help to your lender. The fee can be waived. (D.C. Code 42-815.02)

The Mediation Administrator also writes to you twice: within 7 days and again within 20 days of the lender's notice. The 30 days still count from the lender's mailing.

If you miss the 30 days, you lose the right to mediation unless the Mediation Administrator excuses the delay for good cause. The lender can then get its certificate 45 to 60 days after the notice was mailed.

In mediation, your lender must send someone who can make a decision, bring its review of your help options and the loan papers, and act in good faith. A lender that doesn't can be fined $500 for each violation, or $1,000 for breaking a settlement. (D.C. Code 42-815.02)

Mediation must start within 90 days and end within 180 days of the default notice, with 30 more days if both sides agree. If it ends without an agreement, you have 30 days to appeal the mediation result to D.C. Superior Court before the lender can get its final certificate.

A HUD-approved housing counselor can help you get ready for mediation for free. D.C.'s Foreclosure Prevention Program can also give you up to five hours of free legal help. Both are listed below.

Signing up for the DC Foreclosure Mediation Program

Return the mediation election form and required fee to the Mediation Administrator, and send the loss mitigation application to the lender.

Open District of Columbia's program page disb.dc.gov Source D.C. law

How long does foreclosure take in D.C.?

No D.C. law sets a total length, but if you choose mediation, it must start within 90 days and end within 180 days of the default notice. The lender sets the sale date, so the total depends on its schedule and on how long mediation takes.

Here's what happens, in order.

The 9 steps of a foreclosure in the District of Columbia, and the time the law gives each

Each step in order, with the time the law gives it. 6 of the 9 have a time set in law; "No set time" means the lender sets the pace.

  1. 120+ days behind You fall behind on payments
  2. No set time You get a notice of default
  3. Within 7 days Mediation
  4. Within 30 days Mediation
  5. No later than 90 days Mediation
  6. 45–60 days Mediation
  7. At least 30 days before the sale Notice of intention to foreclose sent to mayor
  8. No set time The home is sold at auction
  9. No set time You may be asked to leave
Source: District of Columbia law and federal rules, as cited at each step; American Default Research state law file, checked Mar 14, 2026 American Default Research · americandefault.org/help/laws/district-of-columbia/
Each step in detail, with the law behind it
  1. You fall more than 120 days behind. Your mortgage company usually can't send the first foreclosure notice before then. (12 CFR 1024.41(f))
  2. The notice of default, sent by certified and first-class mail to you and to the owner on record, with a copy to the Mayor. It includes the mediation form and the amount to catch up. (D.C. Code 42-815, 42-815.02)
  3. Your 30 days to choose mediation. (D.C. Code 42-815.02)
  4. Mediation, if you choose it, starting within 90 days and ending within 180 days of the notice.
  5. The mediation certificate, 45 to 60 days after the notice if you don't choose mediation, or after mediation ends. The final certificate must be recorded in D.C.'s land records.
  6. Notice of intent to foreclose, sent to you and to the Mayor at least 30 days before the sale. (D.C. Code 42-815)
  7. The trustee's sale. (D.C. Code 42-815, 42-817)
  8. The deed is recorded. The buyer can't take any action against you until the deed is signed and recorded. (D.C. Code 42-815.05)

How far behind can you get before a D.C. foreclosure starts?

Your mortgage company usually can't start a foreclosure until you're more than 120 days behind, which is about four months of missed payments. The rule is federal and covers most loans on the home you live in. It has exceptions, such as a reverse mortgage, or a sale or transfer of the home without the lender's OK.

A D.C. foreclosure usually can't start until you're more than 120 days behind

Days behind on your mortgage, against the federal waiting period before filing a foreclosure case or starting a nonjudicial foreclosure

Source: 12 CFR 1024.41 American Default Research · americandefault.org/help/laws/district-of-columbia/

By your 36th day behind, your mortgage company (the servicer, the company that sends your monthly statement) generally has to try to reach you by phone or in person. By day 45, it generally has to send you a letter about help options. (12 CFR 1024.39)

How long you have to catch up in D.C.

You can catch up until five business days before bidding starts at the sale. You pay what you're behind, plus reasonable foreclosure costs such as advertising, trustee fees and lawyer's fees, not the whole loan. The loan is then back where it would be if you'd never fallen behind. (D.C. Code 42-815.01)

You can use this right once in any two calendar years. Ask your mortgage company in writing for the exact amount.

The 9 steps of a foreclosure in the District of Columbia, and the time the law gives each

Each step in order, with the time the law gives it. 6 of the 9 have a time set in law; "No set time" means the lender sets the pace.

  1. 120+ days behind You fall behind on payments
  2. No set time You get a notice of default
  3. Within 7 days Mediation
  4. Within 30 days Mediation
  5. No later than 90 days Mediation
  6. 45–60 days Mediation
  7. At least 30 days before the sale Notice of intention to foreclose sent to mayor
  8. No set time The home is sold at auction
  9. No set time You may be asked to leave
Source: District of Columbia law and federal rules, as cited at each step; American Default Research state law file, checked Mar 14, 2026 American Default Research · americandefault.org/help/laws/district-of-columbia/

Can you stop a foreclosure in D.C.?

Sometimes. These are the ways the law allows, and none of them is guaranteed.

Choose mediation within 30 days. The lender can't foreclose until mediation ends and a certificate is recorded. Mediation doesn't guarantee an agreement.

Catch up until five business days before the sale, once in any two calendar years. (D.C. Code 42-815.01)

Apply for help from your mortgage company. Ask for a loan modification (a permanent change to your loan's terms) or a pause on payments (forbearance). If your complete application reaches your mortgage company more than 37 days before a sale date, it generally can't hold the sale until it decides. In mediation, good faith can include checking you for every option you're eligible for. (12 CFR 1024.41(g); D.C. Code 42-815.02)

Check the certificate and the notices. A sale is void if the lender filed its notice of intent to foreclose before a final mediation certificate was recorded. A lawyer or legal aid can check the land records and whether the Mayor got notice at least 30 days before the sale.

Sell first. You can sell the home yourself, or ask your lender to approve a sale for less than you owe (short sale). D.C. allows a leftover balance, so get any release in writing.

File for bankruptcy. Filing usually pauses a foreclosure while the bankruptcy lasts (automatic stay). If you had a bankruptcy case dismissed in the past year, the pause can last only 30 days or not start at all. A Chapter 13 plan can let you catch up on missed payments over three to five years. (11 U.S.C. 362(c)(3)–(4))

If your sale date is days away, Legal Aid DC or a HUD-approved housing counselor can help right away. Both are free: the map of HUD-approved counselors in D.C. and the legal aid listing are below.

Can you get your house back after a D.C. foreclosure sale?

No. D.C. has no right to buy a home back after the sale. Once the deed is recorded, the home belongs to the buyer. (D.C. Code 42-815 et seq.)

Your last chance to keep it is catching up five business days before bidding starts.

Deadlines for stopping a foreclosure in District of Columbia

Catching up means paying what you've missed, plus late fees and the trustee's and attorney's costs, but not the whole loan. How late you can do it depends on the kind of foreclosure.

Deadlines for catching up, after the sale and other steps in District of Columbia
Kind of foreclosureDeadlineWhat starts the clock
Any foreclosure Up to 5 business days before the sale Counts back from when bidding starts at the sale. Covers home mortgages, and you can use it only once in any 2 calendar years in a row. Source D.C. Code § 42-815.01(b)
After the sale
Any foreclosure No buying back The law we read has no period to buy the home back after a trustee or court sale. Your catch-up right ends 5 business days before bidding. Source D.C. Code § 42-815.01(b)
Other deadlines and rules
Without a court Within 30 days after the default notice is mailed Send your mediation election form and fee to the mediation administrator by then. Send your loss mitigation application to the lender. The administrator may waive this period for good cause. Source D.C. Code § 42-815.02(d)(1)
Without a court At least 30 days after the Mayor receives the notice of intention The foreclosure sale can't happen until then. The 30 days start when the Mayor receives the lender's notice. Source D.C. Code § 42-815(c)(4)
Without a court At least 5 business days before the first mediation session The lender has to provide the mediation records by then. Source 26 DCMR § 2714.1
Without a court Within 30 days after the preliminary mediation certificate is issued File an appeal in Superior Court by then and send the mediation administrator a copy at the same time. Source D.C. Code § 42-815.02(e)(3)(B)(ii)
Without a court Within 10 days after the lender mails its breach application If the lender says you breached your settlement, file your objection with the mediation administrator by then. Source 26 DCMR § 2722.4
Through a court Within 21 days after you are served Serve your answer to the foreclosure complaint by then. The time counts from service of both the summons and the complaint. A court order or statute can change the period. Source District of Columbia law
Without a court Within 10 business days after you reach agreement You and the lender both have to sign the written settlement by then. Source 26 DCMR § 2716.2

Will you owe money after a D.C. foreclosure?

You may. A court can enter a judgment for the leftover balance, and it can be collected like any other judgment. (D.C. Code 42-816)

D.C. doesn't make the lender credit you the home's market value. The leftover balance is simply the debt minus what the sale brought in, after costs.

If you sell in a short sale or give the home back to the lender (deed in lieu), ask the lender to release the leftover balance in writing. D.C. has its own income tax, so forgiven debt may be taxed by D.C. as well as the IRS.

If your D.C. foreclosure goes to court

A lender can also sue to foreclose in D.C. Superior Court, and the mediation program doesn't apply to those cases. (D.C. Code 42-815.04)

If you're served, you have 20 days to file an answer. That's where you raise problems with the case, such as missing notices, the lender's right to foreclose, or ignoring the federal rules on applications for help. (D.C. Superior Court Civil Rules)

Can your HOA or condo association foreclose in District of Columbia?

If you fall behind on association dues, the association can put a lien on your home. If it forecloses for unpaid dues, these rules apply, not the mortgage deadlines.

Where a row says “Not found in the law,” the sections we read don't address that point. It doesn't mean the answer is no.

Can it foreclose, and how?

Yes. A condo association may sell your unit without going to court under the Condominium Act, unless the condo documents expressly ban that kind of sale.

Read the law's words
“…unless the power of sale procedures are specifically and expressly prohibited by the condominium instruments. (2) A unit owner shall have the right to cure any…” code.dccouncil.gov

Is there a minimum debt or a waiting period?

The condo assessment has to be past due. The law gives no dollar or month threshold.

Read the law's words
“…if an assessment is past due. By accepting a deed to a condominium unit, the owner shall be irrevocably deemed to have appointed the chief executive officer of…” code.dccouncil.gov

What notices come first?

The condo association has to record a foreclosure sale notice and mail it at least 31 days before the sale. It also has to notify the Mayor and recorded lienholders. It has to advertise the sale.

Read the law's words
“A foreclosure sale shall not be held until at least 31 days after a Notice of Foreclosure Sale of Condominium Unit for Assessments Due is recorded in the land r…” code.dccouncil.gov

Do you have a right to a payment plan?

The Condominium Act gives you a right to pay the full past-due amount and allowed charges before the sale. It does not give you a right to a payment plan.

Read the law's words
“A unit owner shall have the right to cure any default in payment of an assessment at any time prior to the foreclosure sale by tendering payment in full of past…” code.dccouncil.gov

Can the HOA's claim go ahead of the mortgage?

Up to six months of regular condo dues can come ahead of a qualifying first mortgage or deed of trust.

Read the law's words
“…during the 6 months immediately preceding institution of an action to enforce the lien or recordation of a memorandum of lien against the title to the unit by t…” code.dccouncil.gov

What protects you?

The sale notice has to show the amount you need to pay to stop the sale. It also has to include information about housing counseling help.

Read the law's words
“Information on the availability of resources that a unit owner may utilize, which shall be in substantively the following form in at least 18-point font: "FAILU…” code.dccouncil.gov

Can you buy the home back after the sale?

Not found in the law

Source D.C. Code §§ 42-1901.01, 42-1903.13

Who these rules cover: The Condominium Act covers every condo in the District, including older ones set up under the earlier Horizontal Property Act. It does not cover co-ops or homeowners associations outside a condo; for those, your community's recorded documents set the rules.

How D.C. compares

Maryland also has a foreclosure mediation program; no statewide program is identified in our records for Virginia.

District of Columbia's share of borrowers with a mortgage who are 90+ days behind is under half its 2012 peak

Share of D.C. borrowers with a mortgage who have one 90+ days past due, quarterly, Q1 2005 to Q1 2025

0% 2% 4% 6% U.S. 1.2% Q1 2005Q3 2007Q1 2010Q3 2012Q1 2015Q3 2017Q1 2020Q3 2022Q1 2025 Q1 2025 1.4% 0% 2% 4% 6% U.S. 1.2% Q1 2005Q1 2010Q1 2015Q1 2020Q1 2025 Q1 2025 1.4%
Source: Federal Reserve Bank of Philadelphia, Consumer Credit Explorer; data sourced from Federal Reserve Bank of New York Consumer Credit Panel / Equifax. Q1 2025 American Default Research · americandefault.org/help/laws/district-of-columbia/

D.C. is tied for 12th place for the share of mortgages 90+ days behind, of the 50 states and D.C.

Share of borrowers with a mortgage who have one 90+ days past due, by state, Q1 2025. Dashed line: the U.S.

Louisiana: 2.5%Mississippi: 2.1%Nevada: 1.6%Texas: 1.6%West Virginia: 1.6%Alabama: 1.5%Florida: 1.5%Georgia: 1.5%New York: 1.5%Oklahoma: 1.5%South Carolina: 1.5%D.C.: 1.4%New Mexico: 1.4%Arkansas: 1.3%Connecticut: 1.3%Delaware: 1.3%Kentucky: 1.3%Maryland: 1.3%Pennsylvania: 1.3%Illinois: 1.2%Indiana: 1.2%New Jersey: 1.2%Arizona: 1.1%Missouri: 1.1%North Carolina: 1.1%Ohio: 1.1%Rhode Island: 1.1%Kansas: 1.0%Michigan: 1.0%Tennessee: 1.0%California: 0.9%Hawaii: 0.9%Iowa: 0.9%Maine: 0.9%South Dakota: 0.9%Virginia: 0.9%Vermont: 0.9%Alaska: 0.8%Colorado: 0.8%Massachusetts: 0.8%Minnesota: 0.8%Montana: 0.8%North Dakota: 0.8%Nebraska: 0.8%Oregon: 0.8%Idaho: 0.7%New Hampshire: 0.7%Washington: 0.7%Wyoming: 0.7%Utah: 0.6%Wisconsin: 0.6% U.S. 1.2% D.C. 1.4% Highest Lowest Louisiana: 2.5%Mississippi: 2.1%Nevada: 1.6%Texas: 1.6%West Virginia: 1.6%Alabama: 1.5%Florida: 1.5%Georgia: 1.5%New York: 1.5%Oklahoma: 1.5%South Carolina: 1.5%D.C.: 1.4%New Mexico: 1.4%Arkansas: 1.3%Connecticut: 1.3%Delaware: 1.3%Kentucky: 1.3%Maryland: 1.3%Pennsylvania: 1.3%Illinois: 1.2%Indiana: 1.2%New Jersey: 1.2%Arizona: 1.1%Missouri: 1.1%North Carolina: 1.1%Ohio: 1.1%Rhode Island: 1.1%Kansas: 1.0%Michigan: 1.0%Tennessee: 1.0%California: 0.9%Hawaii: 0.9%Iowa: 0.9%Maine: 0.9%South Dakota: 0.9%Virginia: 0.9%Vermont: 0.9%Alaska: 0.8%Colorado: 0.8%Massachusetts: 0.8%Minnesota: 0.8%Montana: 0.8%North Dakota: 0.8%Nebraska: 0.8%Oregon: 0.8%Idaho: 0.7%New Hampshire: 0.7%Washington: 0.7%Wyoming: 0.7%Utah: 0.6%Wisconsin: 0.6% U.S. 1.2% D.C. 1.4% Highest Lowest
Source: Federal Reserve Bank of Philadelphia, Consumer Credit Explorer; data sourced from NY Fed Consumer Credit Panel / Equifax. Q1 2025 American Default Research · americandefault.org/help/laws/district-of-columbia/
D.C. and its neighbors: mortgages 90+ days behind and State Distress Index rank
State90+ days behind, Q1 2025Distress rank (score)
District of Columbia 1.4% 16th (70)
Maryland 1.3% 17th (68)
Virginia 0.9% 31st (40)

The share counts people with a mortgage on their credit report, not loans or dollars. Ranks are of 51 (the 50 states and D.C.); 1st is the most distressed. D.C.'s full distress profile.

Other District of Columbia laws that can affect homeowners

State laws can change. Each entry links to the cited source and shows when that source was fetched.

State foreclosure-rescue and mortgage-help laws

District law defines foreclosure-rescue services broadly, prohibits specified compensated title-transfer transactions, requires clear advertising of the precise service and how it assists, and imposes a fiduciary duty on advertisers/providers. It states that uncompensated services are not prohibited, but does not supply a conventional service-contract regime for a non-transfer tool.

“not carried out for compensation or gain or for potential or contingent compensation or gain”
Source D.C. Code §§ 42-2431–42-2435Fetched October 7, 2026

Foreclosure laws in another state

The process and the deadlines change at every state line.

Free help in D.C.

D.C. has 14 HUD-approved housing counseling agencies

The 14 whose HUD listing includes foreclosure or mortgage delinquency counseling, one dot per office, as of Nov 4, 2026. The listing below names them all.

Source: U.S. Department of Housing and Urban Development, Housing Counselor list American Default Research · americandefault.org/help/laws/district-of-columbia/

A HUD-approved housing counselor. A housing counselor works at a nonprofit the U.S. Department of Housing and Urban Development has approved, and foreclosure counseling from one is free. A counselor can help you apply for help and prepare for mediation. HUD lists 14 approved agencies in D.C., and HUD's line is 800-569-4287.

Free legal help from the city. The D.C. Department of Insurance, Securities and Banking's Foreclosure Prevention Program can give homeowners up to five hours of free legal help, and its counselors can connect you to a lawyer once a foreclosure has started.

Legal aid. Legal Aid DC gives free legal help to residents whose income qualifies, including foreclosure defense, in English and Spanish: 202-628-1161.

The DC Bar. The DC Bar Pro Bono Center offers free advice and referral clinics for people who qualify. The Bar runs no lawyer referral line.

The city's housing help line. The Department of Housing and Community Development's Housing Resource Center: 202-442-7200. Or dial 2-1-1 for referrals.

A complaint or a scam report. The D.C. Attorney General takes reports of mortgage fraud and rescue scams: 202-727-3400. You can also complain to the federal Consumer Financial Protection Bureau.

Before you pay anyone. Mediation, counseling and up to five hours of legal help are free in D.C., so be wary of anyone who charges up front to stop a foreclosure. (D.C. Code 28-3901 et seq.)

HUD-approved housing counselors in District of Columbia, by city (14)

  • Carecen-Central American Resource Center, Washington · 202-328-9799 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Centro De Apoyo Familiar (Caf)-Dc, Washington · 202-964-4050 HUD-approved housing counselor
  • Greater Washington Urban League, Washington · 202-265-8200 · Website HUD-approved housing counselor
All 14 agencies
  • Housing Counseling Services, Incorporated (Hsc,Inc.), Washington · 202-667-7006 · Website HUD-approved housing counselor · Languages: CHI, English, Farsi, French, Other, Portuguese, Spanish
  • Latino Economic Development Corporation of Washington Dc, Washington · 202-540-7401 · Website HUD-approved housing counselor
  • Lydia's House, Washington · 202-373-1050 HUD-approved housing counselor · Languages: ASL, CHI, English, Farsi, French, Italian, Korean, Spanish
  • Marshall Heights Community Development Organization, Washington · 202-396-1200 · Website HUD-approved housing counselor
  • National Foundation For Credit Counseling, Inc., Washington · 202-677-4312 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Nsc (Naca Counseling Subsidiary) - Washington, Dc, Washington · 202-328-6333, ext. 1385 · Website HUD-approved housing counselor · Languages: English, Other, Spanish
  • United Planning Organization, Washington · 202-231-7902 · Website HUD-approved housing counselor · Languages: English, Spanish
  • University Legal Services, Washington · 202-547-4747 HUD-approved housing counselor
  • United Planning Organization - Petey Greene Community Svc. Center, Washington · 202-610-5861 · Website HUD-approved housing counselor
  • University Legal Services, Washington · 202-889-2196, ext. 203 · Website HUD-approved housing counselor
  • University Legal Services, Washington · 202-527-7070 · Website HUD-approved housing counselor

Listings come from the HUD Housing Counselor API and the Legal Services Corporation grantee list, as of Nov 4, 2026. American Default Research does not endorse or rank any provider. Credit counselors and other kinds of free help are in our help directory.

Sources and method

A summary of foreclosure law and practice in the District of Columbia, read from its laws and the federal servicing rules and checked Mar 14, 2026. It isn't legal advice: your mortgage sets specific terms, and courts and counties vary. For your situation, talk to a HUD-approved counselor, legal aid or a lawyer.

We write with assistance from AI tools. Figures come from the data and sources named on this page.