Attorney General Peter Nickles has issued a “Questions and Answers” notice about his statement of enforcement regarding deceptive foreclosure sale notices. (That statement, issued in October, said a foreclosure against a District homeowner should not proceed unless the noteholder’s security interest is properly filed with the District’s Recorder of Deeds.)
The Q&A clarifies that a noteholder’s failure to record the note before the foreclosure sale does not necessarily invalidate the foreclosure. Nickles also explains how a foreclosure can be started on behalf of a noteholder even if transfers of the note were not previously recorded.
The entire guide can be found here.
The attorney general restated his intent to bring action against anyone found violating D.C.’s foreclosure sale procedure.
“A homeowner should be able to go to the Recorder of Deeds and confirm who has a security interest in his or her home and who has a right to foreclose,” Nickles said.
