- Federal rules generally bar starting foreclosure until a loan is more than 120 days behind, so use that time.
- Maryland foreclosures go through Circuit Court and offer mediation; DC is mostly nonjudicial with a 30-day mediation election window; Virginia uses trustee sales with a 60-day notice for owner-occupied homes.
- Reinstatement is allowed up to 1 business day before sale in Maryland and 5 business days in DC; Virginia has no statutory right.
- A free HUD-approved housing counselor is the best first call after your servicer.
First, you likely have more time than you think
A missed mortgage payment is scary, but foreclosure does not happen overnight. Federal rules generally bar a lender from starting foreclosure until the loan is more than 120 days delinquent. That window is your best chance to act, and the earlier you act, the more options stay open.
Do these things right away, no matter where you live:
- Call your servicer, the company you send payments to. Ask what loss mitigation options they offer and what paperwork they need.
- Open every letter from your servicer and the court. Deadlines in those letters matter.
- Contact a free HUD-approved housing counselor. They can explain your options, help with the paperwork and talk to your servicer with you.
- Write down every call: the date, who you spoke to and what they said.
Maryland: a court-supervised process
Maryland foreclosures are judicial, which means they go through the Circuit Court. The steps usually run in this order.
- Notice of Intent to Foreclose: the lender usually sends this about 45 days after default.
- Order to Docket: the lender can file this with the court 45 days after that notice or 90 days after default.
- Mediation: you can request foreclosure mediation within 25 days of the final loss mitigation affidavit. The fee is $50. The Office of Administrative Hearings schedules it, generally within 60 days.
- Notice of sale: this goes out 10–30 days before the sale.
- Reinstatement: you can cure the default and reinstate the loan up to 1 business day before the sale.
- After the sale: the court must ratify the sale before it is final.
Washington, DC: mostly out of court, with mediation built in
Most DC foreclosures are nonjudicial, so they do not go through a court case. DC still builds in protections.
- Notice of default: the lender must mail and record a notice of default that includes mediation information.
- Mediation election: you have 30 days to return the mediation election form. Do not let this deadline pass.
- Notice of intent to foreclose: this must reach you and the Mayor at least 30 days before the sale.
- Reinstatement: you may reinstate up to 5 business days before the sale, no more than once in 2 consecutive years.
- After the sale: there is no right to redeem the home.
Virginia: trustee sales on a shorter track
Most Virginia foreclosures are nonjudicial trustee sales under the deed of trust. The federal 120-day rule still applies before the process can start.
- Sale notice: for an owner-occupied home, the notice must be mailed at least 60 days before the sale and include legal aid and HUD counselor information.
- Advertising: the sale is advertised in a newspaper.
- Reinstatement: Virginia law gives no statutory right to reinstate. Your deed of trust or servicer may still allow it, so ask.
- After the sale: there is no right to redeem the home.
Your options at each stage
Early on, before foreclosure is filed or started, you have the most room. Work with your servicer on loss mitigation and get a housing counselor involved. In Maryland and DC, use mediation when you qualify. It puts you and your servicer in a room with a neutral person whose job is to look for a workable solution.
If keeping the home is not realistic, selling before the sale date is often better than letting the sale happen. A sale lets you pay off the loan at closing and keep any equity left over. A foreclosure sale takes that choice away. You can list with an agent if there is enough time, or sell to a cash homebuyer if the date is close.
Right up to the end, reinstatement may be possible. In Maryland that is up to 1 business day before the sale. In DC it is up to 5 business days before, once in 2 consecutive years. In Virginia it depends on your deed of trust and servicer.
Get help, and keep the deadlines in front of you
This is general information, not legal advice. Foreclosure rules have details and exceptions. Talk to an attorney or a free HUD-approved housing counselor about your situation, and do it soon.
If you decide selling is the right move and your sale date is near, Sax Properties buys homes in DC, Maryland and Northern Virginia as-is and can close in as little as 7 days. Call 877-418-3443 if you want to talk through that option.
This guide is general information, not legal or financial advice. Talk to an attorney or a HUD-approved housing counselor about your situation.