Friday, June 3, 2011

DC Adopts Emergency Implementing Regulations for Foreclosure Mediation Law

The District of Columbia adopted the attached "emergency" regulations applicable to the foreclosure mediation rights and procedures established for the exercise of power of sale of a residential mortgage in the District, pursuant to the "Saving D.C. Homes from Foreclosure Amendment Act of 2010" (discussed in our prior updates, below).

The regulations require the completion of forms for certain activities covered by the Act, which requirements shall be satisfied solely through the use of forms provided with the  regulations.

Among other things, the emergency regulations provide that a Notice of Intention to Foreclose a Residential Mortgage shall be null and void with respect to a foreclosure of a residential mortgage unless a Notice of Default on Residential Mortgage (Form FM-1) is mailed to each borrower, and the lender receives and records a Mediation Certificate provided pursuant to the regulations.

The emergency regulations set forth the procedures for filing an Affidavit of Non-Residential Mortgage Foreclosure in order to issue and record a Notice of Foreclosure for the foreclosure of a mortgage other than a residential mortgage for which a Mediation Certificate is not required to be recorded. The emergency regulations exclude foreclosure by a condominium association against an owner, or housing cooperative association against a member, when the foreclosure is brought for a reason other than a default on a residential mortgage.

This emergency rulemaking became effective on May 25, 2011. The regulations will remain in effect for up to one hundred and twenty (120) days after the date of adoption (May 25, 2011), unless earlier superseded by a notice of final rulemaking.