More info. on identifying D.C.’s wrongful foreclosures

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.