Right to cure until 5 business days before bidding starts
D.C. Code § 42-815.01(b)(1)
In plain words
In the District of Columbia you can cure your default and stop the sale by paying the past-due amount and allowed costs up to 5 business days before bidding begins. You can use this right no more than once in any two consecutive calendar years.
Who is protected
Residential mortgage debtors in D.C.
When it applies
- Only in District of Columbia.
- Only after a notice of default or once a sale date is set.
What you can do
Ask in writing
Ask the lender in writing for the exact cure amount good through the sale date.
Deadline: At least 5 business days before bidding begins
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Our District of Columbia page explains the whole process step by step, with its sources and free local help.
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Honest limits
- Not available if you already cured once in the past two calendar years.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawRight to cure a default
D.C. Code § 42-815.01(b)(1)
Exact part: (b)(1)
What it says: A residential mortgage debtor may cure up to 5 business days before bidding, once in any 2 consecutive calendar years.
Read the official texthttps://code.dccouncil.gov/us/dc/council/code/sections/42-815.01
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Right to a notice of intention to foreclose at least 30 days before the sale
D.C. Code § 42-815(b)–(c)
Before a D.C. foreclosure sale, the lender must send you a written notice of intention to foreclose, with a copy to the Mayor, at least 30 days before the sale. The notice of default that starts the process also lists the amount needed to cure.
Read this rightRight to foreclosure mediation — return the election form within 30 days
D.C. Code § 42-815.02
In a D.C. nonjudicial foreclosure, the lender must send you a mediation election form with the notice of default. If you return it to the Mediation Administrator and the lender within 30 days of its mailing, you get mediation before the foreclosure can go forward. The lender must also send a loss-mitigation application to fill out.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right