D.C. Mun. Regs. tit. 26, r. 26-C2728

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 26-C2728 - NOTICE OF INTENTION TO FORECLOSE A RESIDENTIAL MORTGAGE

2728.1

The holder of a note secured by a deed of trust, mortgage, or security instrument (hereinafter "holder"), or the agent of any such holder, shall at least thirty (30) days in advance of any sale of the real property encumbered by the deed of trust, mortgage, or security instrument under a power of sale provision contained therein, send to the borrower(s) of the real property encumbered by the deed of trust, mortgage, or security instrument, by first-class certified mail, postage prepaid, return receipt requested, and by first-class mail, a Notice of Intention to Foreclose a Residential Mortgage to his or her last known address.

2728.2

The lender shall provide the following information concerning the sale on the Notice of Intention to Foreclose a Residential Mortgage:

(a) The name and address of the borrower(s) of the property, and his or her telephone number, if known;

(b) The identification of the property by address;

(c) The lot and square number or the parcel number of the property;

(d) The date on which the security instrument was recorded in the District of Columbia Recorder of Deeds, and the security instrument number;

(e) The name, address, and telephone number of the maker of the note secured by the security instrument;

(f) A description of the property;

(g) The name, address, and telephone number of the holder of the note;

(h) The name, address, and telephone number of the person to call if the borrower(s) wishes to stop foreclosure;

(i) The current balance owed on the note, the minimum amount required to cure the default obligation, and the total amount of fees and costs required to cure the default obligation as of the date of the Notice of Intention to Foreclose on a Residential Mortgage, and an estimate of other fees or costs reasonably expected to be incurred through the fifth (5^th) business day prior to the date of sale to be paid in order to cure the default;

(j) The time, date and location of the sale of the real property; and

(k) Provision for a notarized certification by the note holder, his or her agent, or the preparer that the original Notice of Intention to Foreclose a Residential Mortgage has been sent to the borrower(s) by first-class certified mail, return receipt requested, and by first-class mail, and that the note holder understands that no foreclosure sale may take place until at least thirty (30) days after a copy of the notice has been recorded in the District of Columbia Recorder of Deeds.

2728.3

Any Notice of Intention to Foreclose a Residential Mortgage filed pursuant to the Act or this chapter shall be subject to the provisions set forth in 9 DCMR §§ 3100.3 - 3100.10 for a Notice of Foreclosure Sale of Real Property or Condominium Unit.

2728.4

A Final Mediation Certificate shall be recorded in the District of Columbia Recorder of Deeds prior to or contemporaneously with recording the Notice of Intention to Foreclose a Residential Mortgage.

D.C. Mun. Regs. tit. 26, r. 26-C2728

Emergency and Proposed Rulemaking published at 58 DCR 2958 (April 8, 2011)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 58 DCR 8247 (September 23, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 11469 (December 30, 2011); as amended by Final Rulemaking published at 61 DCR 6390 (June 27, 2014)

Authority: Section 539 b of An Act to establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1189; D.C. Official Code § 42-815.02(j) (2012 Repl.)), and Mayor's Order 2011-51, dated March 2, 2011.