Non-Judicial Foreclosure

District of Columbia Foreclosure Statutes & Law

D.C. Code § 42-815. Non-Judicial foreclosure state.

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Judicial Type

Non-Judicial

Redemption

No statutory right of redemption after non-judicial trustee

Deficiency

After non-judicial trustee sale: the lender may pursue defic

Mediation

DC's Foreclosure Mediation Program: mandatory for residentia

Statute Citation

D.C. Code §§ 42-815 to 42-818.02

Redemption Period

No statutory right of redemption after non-judicial trustee sale. The sale is final. The District of Columbia uses a non-judicial process with trustees authorized under the deed of trust.

Deficiency Judgment Rule

After non-judicial trustee sale: the lender may pursue deficiency. The deficiency is debt − sale price with no automatic fair value limitation, though the court may consider fair value in equity. The District of Columbia has limited case law on deficiency.

Notice Requirements

Notice of trustee sale recorded and mailed to borrower at least 30 days before sale. Notice published in newspaper. District of Columbia law requires the deed of trust to contain a power of sale clause.

Mediation Program

DC's Foreclosure Mediation Program: mandatory for residential owner-occupied properties. Mediation must occur before the foreclosure sale can proceed.

Key Provisions

Non-judicial trustee sale (standard)
Mandatory foreclosure mediation for owner-occupied properties
30-day notice requirement
No post-sale redemption

Homeowner Protections

Mandatory foreclosure mediation for owner-occupied residential properties — strong protection
30-day mailed notice requirement
Borrower may challenge the trustee's authority if the deed of trust was not properly assigned

Frequently Asked Questions

How does DC's foreclosure mediation work?+

DC's Foreclosure Mediation Program is mandatory: for owner-occupied residential properties, the lender must refer the case to mediation before the foreclosure sale can proceed. The District of Columbia Department of Insurance, Securities and Banking (DISB) administers the program. Key features: (1) the lender must send a mediation notice with the notice of default, (2) you must elect mediation by returning the form within 30 days, (3) a certified mediator facilitates negotiation between you and the lender, (4) the lender must bring someone with settlement authority, (5) the sale cannot proceed until mediation is completed. DC's program is one of the strongest in the nation for owner-occupied properties.

District of Columbia Foreclosure Defense — Timeline, Process & Homeowner Options

See the District of Columbia foreclosure timeline, courthouse information, homeowner protections, and the defense options available to District of Columbia homeowners.

District of Columbia Foreclosure Defense Overview

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