State Foreclosure Law

District of Columbia Foreclosure Laws

The District of Columbia is a federal district (not a state) that follows its own DC Code. DC uses non-judicial foreclosure by power of sale under DC Code § 42-815 et seq. DC has a MANDATORY Foreclosure Mediation Program (§ 42-815.02) — a foreclosure sale is VOID if the lender…

Process
Non-Judicial
Out of court, under a power of sale §
Foreclosure Length
Varies
Depends on the case
Homestead Exemption
No fixed dollar cap — protects the debtor's aggregate interest in real property used as a residence
Automatic · the rule §
Deficiency Judgment
Allowed
Allowed §
35 source pages cited · Last checked Mar 14, 2026
Not legal advice. This page provides general information about District of Columbia foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a District of Columbia-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the District of Columbia foreclosure guide →

On this page

Governing Statutes

Citation Title Covers
DC Code § 42-815 Application to Court to Fix Terms and Determine Notice of Sale Primary framework for non-judicial foreclosure by power of sale. Establishes notice requirements to borrower, record title holder, and Mayor. Requires mediation certificate as prerequisite to sale. Governs the trustee's sale process.
DC Code § 42-815.01 Right to Cure Residential Mortgage Foreclosure Default Pre-sale cure right — borrower may cure default up to 5 business days before bidding commences. Limits cure right to once in any 2 consecutive calendar years. Specifies what must be paid to cure.
DC Code § 42-815.02 Foreclosure Mediation Mandatory Foreclosure Mediation Program. Lender obligations, borrower election period (30 days), mediation timeline (starts no later than 90 days and ends within 180 days of the default mailing, extendable 30 days), certificate issuance, civil penalties ($500-$1,000), sale voidability without certificate. The backbone of DC's homeowner protection system.
DC Code § 42-815.03 Foreclosure Mediation Fund Establishes nonlapsing special account funded by mediation fees, penalties, and DC's share of the 2012 federal-state consent judgments. Funds counseling, legal assistance, mediation, and homeowner outreach.
DC Code § 42-815.05 Deed Before Action Against Occupant Purchaser at foreclosure sale cannot take action against occupants until deed is executed AND recorded. Does not alter the rights of tenants whose tenancies survive foreclosure.
DC Code § 42-816 Deficiency Judgments Court authority to enter deficiency judgments after foreclosure sale if proceeds are insufficient to satisfy the mortgage debt. Deficiency decree enforceable as a judgment at law.
DC Code § 15-501 Exemptions from Attachment and Levy Homestead and personal property exemptions. Homestead protects the debtor's residential interest from judgment creditors but explicitly does NOT protect against deeds of trust, mortgages, mechanic's liens, or tax liens.

District of Columbia Foreclosure Process and Your Rights

District of Columbia uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

  • Paying to stop the foreclosure: Up to 5 business days before the commencement of bidding at the trustee's sale. You may cure the default by paying all sums required to bring the account current (excluding acceleration amounts), performing other obligations, and paying reasonable foreclosure expenses (advertising, trustee fees, attorney fees). Cure restores the borrower to the same position as if the default had not occurred. No more than once in any 2 consecutive calendar years. §
  • After the sale: DC has NO statutory post-sale right of redemption. The statutory right to cure ends 5 business days before bidding begins at the sale (§ 42-815.01). A sale is void if the lender filed its notice of intention to foreclose without a final recorded mediation certificate (§ 42-815.02). §
  • Homestead exemption: No fixed dollar cap — protects the debtor's aggregate interest in real property used as a residence. Does NOT protect against mortgage foreclosure, deeds of trust, mechanic's liens, or tax liens. §
  • Mediation: District of Columbia has a statewide foreclosure mediation program: the DC Foreclosure Mediation Program. §

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full District of Columbia foreclosure guide →

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Special Foreclosure Types in District of Columbia

Beyond the standard non-judicial foreclosure process, District of Columbia law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Condominium associations can foreclose assessment liens in DC: the unit owners' association has a power of sale to enforce a lien for a past-due assessment (DC Code § 42-1903.13). §
Check the governing documents and DC Condominium Act (DC Code § 42-1901 et seq.) for specific procedures.
Tax Lien Foreclosure
Property tax liens have priority over mortgage liens in DC. The DC Office of Tax and Revenue conducts annual tax sales. §
The tax-sale buyer must wait 6 months after the tax sale before filing a court complaint to foreclose the right of redemption, and the owner's right to redeem continues until a judgment foreclosing it becomes final.

Lien Priority in District of Columbia

Generally first in time, first in right under DC recording statutes.

Condominium assessment liens may have limited priority over the first mortgage under DC Code § 42-1901 et seq. Consult a local attorney for specific lien priority questions.

Statute of Limitations in District of Columbia

Mortgage Foreclosure
Varies §
DC's limitations period for actions on a bond, single bill, covenant or other instrument under seal is 12 years under DC Code § 12-301(6); how it applies to a particular deed of trust or foreclosure depends on the instrument and the remedy. Consult a local attorney.
Written Contracts
3 years §
Promissory Note
6 years §
Deficiency Judgment
Varies §
The deadline depends on the instrument and the remedy. DC sets 12 years for actions on an instrument under seal and 3 years for a simple contract (§ 12-301), and 6 years after the due date or accelerated due date for a note payable at a definite time (§ 28:3-118(a)). Consult a local attorney.

Probate & Inheritance in District of Columbia

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. District of Columbia law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies
State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
Foreclosure must be served on the personal representative or estate of a deceased borrower.
Heir Protections
Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.
Executor Reinstatement Rights
The executor or personal representative may reinstate the mortgage by curing the default.
Garn-St. Germain Act
Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.
Uniform Partition of Heirs Property Act (UPHPA)
Not adopted in this state.

Consumer Protection & Compliance in District of Columbia

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in District of Columbia.

UDAP Statute
DC Consumer Protection Procedures Act
Prohibits deceptive and unfair business practices.
Foreclosure Rescue Fraud Laws
DC Consumer Protection Procedures Act (§ 28-3901 et seq.) covers foreclosure rescue fraud.
The DC Attorney General has actively pursued mortgage-related consumer protection cases. The mandatory mediation program provides a legitimate alternative to private rescue services.
Attorney Advertising Rules
DC Rules of Professional Conduct govern attorney advertising and solicitation.
Lead Generation Restrictions
No DC-specific lead generation statute for foreclosure defense identified beyond the Consumer Protection Procedures Act and professional conduct rules.
Barratry
Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.
DC Rules of Professional Conduct prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in District of Columbia

  • ⚖
    Legal Aid DC
    Free civil legal services for low-income DC residents, including housing and foreclosure defense, consumer protection, and bankruptcy assistance. Income eligibility requirements apply.
    legalaiddc.org →
  • ⚖
    DC Bar Pro Bono Center
    Housing Right to Counsel Project, Bankruptcy Clinic, neighborhood advice clinics. Provides pro bono legal representation for qualifying low-income residents.
    dcbar.org/pro-bono →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in District of Columbia. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
    Find a counselor in District of Columbia →
  • 📞
    HUD Housing Counseling Hotline
    Free foreclosure prevention counseling.
    1-800-569-4287 →
  • 📞
    Legal Aid DC
    Free legal assistance for low-income DC residents including housing and foreclosure defense.
    (202) 628-1161 →
  • 📞
    DHCD Housing Resource Center
    DC's central hub for housing services including foreclosure prevention, counseling, and emergency assistance. The Homeowner Assistance Fund (HAF) has ended.
    (202) 442-7200 →
  • 📞
    DC Attorney General Consumer Protection
    Report mortgage fraud, foreclosure rescue scams, and consumer protection violations.
    (202) 727-3400 →
  • 📞
    DC 2-1-1
    District-wide referral service for housing, utility, and social service assistance.
    2-1-1 →
  • 📋
    DC Bar Lawyer Referral Service
    State bar lawyer referral service.
    dcbar.org →
  • 🎓
    DC Bar Pro Bono Center — Housing Right to Counsel Project
    Provides pro bono legal representation for DC residents facing housing instability, including foreclosure defense and landlord-tenant matters.
    dcbar.org/pro-bono →

Find Help in District of Columbia

We maintain a verified directory of free and low-cost help providers in District of Columbia. All are government-approved or federally funded.

17 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 43 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 50 Debtor education providers Required post-filing debtor education courses

Browse all 111 providers in District of Columbia →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including District of Columbia.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

District of Columbia Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to District of Columbia homeowners:

Foreclosure Filings
National trend
National foreclosure filings. District of Columbia mainly uses non-judicial foreclosure (trustee's sales outside court).
FHA mortgage delinquency
FHA delinquency rate
Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.
Foreclosure volume
Foreclosure starts & completions
Monthly foreclosure starts and completions from ATTOM Data Solutions.
Newly late mortgages
Current to 30 days late
Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

Facing foreclosure in District of Columbia? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

Step 1 of 4

Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Ask a question about foreclosure law in District of Columbia

General information, not legal advice.

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Free help also exists in District of Columbia: the HUD Housing Counseling Hotline at 1-800-569-4287, or a HUD-approved housing counselor at no cost.