Section 26-C2719. FINAL MEDIATION CERTIFICATE

 

2719.1The lender may request on Form FM-R1 a Final Mediation Certificate and must affirm that the borrower(s) has not filed a timely appeal. 

 

2719.2The lender may not request a Final Mediation Certificate until thirty (30) days after the Mediation Administrator issues the Preliminary Mediation Certificate.

 

2719.3A Final Mediation Certificate issued pursuant to Section 539b of the Act (D.C. Official Code § 45-815.02) shall expire one (1) year from the date of issuance unless extended for an additional year pursuant to Subsection 2719.8.

 

2719.4A foreclosure sale of a property secured by a residential mortgage shall be void if a lender files a Notice of Intention to Foreclosure on a Residential Mortgage without a recorded Final Mediation Certificate.

 

2719.5A borrower shall have the same rights to assert claims for defects in the documents recorded pursuant to Subsection 2701.4 as the law provides for a defective Notice of Foreclosure Sale of Real Property or Condominium Unit (Form ROD-14) and Notice of Intention to Foreclose on a Residential Mortgage.

 

2719.6 Except as provided in Subsections 2719.4 and 2719.5, a recorded Final Mediation Certificate shall serve as conclusive evidence that all other provisions provided by the Act and this chapter have been complied with, and the same can be relied upon by any bona fide purchaser or bona fide purchaser’s lender, including its successors or assigns.

 

2719.7A borrower shall not be barred from asserting a claim for fraud or monetary damages against the borrower’s lender.

 

2719.8A lender may request an extension of a Final Mediation Certificate that has not expired by filing with the Mediation Administrator a request for an extension of a Final Mediation Certificate, and sending the borrower(s) a copy of the request for an extension of a Final Mediation Certificate.

 

2719.9A request for an extension of a Final Mediation Certificate filed pursuant to Subsection 2719.8 shall set forth each basis for which the lender seeks an extension and include all relevant facts and documentation, if applicable.

 

2719.10The Mediation Administrator may contact the lender or borrower(s) for information regarding a request for an extension of a Final Mediation Certificate filed pursuant to this section.

 

 

authority

Section 539b 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.

source

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).