Page 1794
APPENDIX 6.0 – FIRST LEGAL ACTIONS TO INITIATE FORECLOSURE AND REASONABLE DILIGENCE TIME FRAMES (APPLIES TO SERVICING ONLY) (09/30/2016)
Typical Type of
Reasonable
Preferred Method of Foreclosure
Diligence Time Frame
State Code State
First Legal Action to
HUD Security Instrument
Initiate Foreclosure
(in months)
01 Alabama Mortgage Nonjudicial Publication 6
11 Alaska Deed of
Trust Nonjudicial Recording of Notice of
10
Default
02 Arizona Deed of
Trust Nonjudicial Recording of Notice of
6
Sale
03 Arkansas Deed of
Trust Nonjudicial Recording of Notice of
11
Sale
04 California Deed of
Trust Nonjudicial Recording of Notice of
12
Default
Filing of Foreclosure Documents with Public
12
05 Colorado Deed of
Trust Nonjudicial
Trustee
06 Connecticut Mortgage Judicial Delivering Complaint to
21
Sheriff
07 Delaware Mortgage Judicial Complaint 26
08 District of Columbia1
Deed of
Trust Nonjudicial Notice of Default Mayor 7
Deed of
Trust Judicial Complaint 7
09 Florida Mortgage Judicial Complaint 25
10 Georgia Security
Deed Nonjudicial Publication 6
83 Guam Mortgage Nonjudicial Posting and Publishing of
11
Notice of Sale
14 Hawaii Mortgage Judicial Complaint 30
Mortgage Nonjudicial Publication of Notice of
6
Intent to Foreclose
12 Idaho Deed of
Trust Nonjudicial Recording of Notice of
13
Default
13 Illinois Mortgage Judicial Complaint 17 15 Indiana Mortgage Judicial Complaint 13 16 Iowa Mortgage Judicial Petition 17
Filing of Notice or Voluntary Foreclosure Agreement with Recorder
9
Deed of
Trust Nonjudicial
18 Kansas Mortgage Judicial Complaint 10
Page 1795
Appendix 6.0 – First Legal Actions to Initiate Foreclosure and Reasonable Diligence Time Frames (Applies to Servicing Only) (09/30/2016)
Typical Type of
Reasonable
Preferred Method of Foreclosure
Diligence Time Frame
State Code State
First Legal Action to
HUD Security Instrument
Initiate Foreclosure
(in months)
20 Kentucky Mortgage Judicial Complaint 14
22 Louisiana Mortgage Judicial Petition for Executory
12
Process
23 Maine Mortgage Judicial Complaint 27 24 Maryland Mortgage Judicial Complaint 18
Deed of
Trust Nonjudicial Filing an Order to Docket 18
25 Massachusetts Mortgage Nonjudicial Filing of Complaint2 9 26 Michigan Mortgage Nonjudicial Publication 9
27 Minnesota Mortgage
Deed Nonjudicial Publication 10
28 Mississippi Deed of
Trust Nonjudicial Publication 9
29 Missouri Deed of
Trust Nonjudicial Publication 5
31 Montana Trust Indenture Nonjudicial Recording of Notice of
9
Sale
32 Nebraska Mortgage Judicial Petition 8
Deed of
Trust Nonjudicial Publication of Notice of
8
Sale
33 Nevada Deed of
Trust Nonjudicial Recording of Notice of
24
Default
34 New Hampshire Mortgage Nonjudicial Publication 11
35 New Jersey Mortgage Judicial Complaint 19 36 New Mexico Mortgage Judicial Complaint 25
37 New York
City Mortgage Judicial Complaint 27
New York Mortgage Judicial Complaint 21
38 North Carolina
Deed of
Trust Nonjudicial Notice of Hearing 9
40 North Dakota Mortgage Judicial Complaint 15
41 Ohio Mortgage
Deed Judicial Complaint 13
42 Oklahoma Mortgage Judicial Petition 14
43 Oregon Deed of
Trust Nonjudicial Recording of Notice of
30
Default
44 Pennsylvania Mortgage Judicial Complaint 21 50 Puerto Rico Mortgage Judicial Complaint 21 45 Rhode Island Mortgage Nonjudicial Publication 22
Page 1796
Appendix 6.0 – First Legal Actions to Initiate Foreclosure and Reasonable Diligence Time Frames (Applies to Servicing Only) (09/30/2016)
Typical Type of
Reasonable
Preferred Method of Foreclosure
Diligence Time Frame
State Code State
First Legal Action to
HUD Security Instrument
Initiate Foreclosure
(in months)
46 South Carolina Mortgage Judicial Complaint 14
47 South Dakota Mortgage Judicial Complaint 14
Deed of
Trust Nonjudicial Publication of Notice of
9
Sale
48 Tennessee Deed of
Trust Nonjudicial Publication 6
49 Texas Deed of
Trust Nonjudicial Posting and Filing of the
8
Notice of Sale
52 Utah Mortgage Judicial Complaint 12
Deed of
Trust Nonjudicial Recording of Notice of
12
Default
53 Vermont Mortgage Judicial Complaint 24
54 Virginia Deed of
Trust Nonjudicial Publication 7
82 Virgin Islands Mortgage Judicial Complaint 15
56 Washington Deed of
Trust Nonjudicial Recording of Notice of
18
Trustee’s Sale
57 West Virginia Deed of
Trust Nonjudicial Publication 7
58 Wisconsin Mortgage Judicial Complaint 12 59 Wyoming Mortgage Nonjudicial Publication 7
Footnotes:
1. Loans secured by a Deed of Trust are normally foreclosed using nonjudicial procedures provided in D.C. Code § 42-815. Mortgagees may elect to foreclose using judicial procedures established pursuant D.C. Code § 42-816 instead when it is determined to be warranted for a particular Mortgage.
2. The Mortgagee must first obtain a Judgment from the Land Court verifying that the Borrowers are not entitled to relief under the Servicemembers Civil Relief Act (SCRA).
Page 1797
Appendix 6.1 – Automatic Extensions to HUD’s Initiation of Foreclosure Timeline (11/10/2026)
APPENDIX 6.1 – AUTOMATIC EXTENSIONS TO HUD’S INITIATION OF FORECLOSURE TIMELINE (11/10/2026)
Extension Description
Repayment Plans If the Repayment Plan fails, the Mortgagee must evaluate the Borrower for the other Loss Mitigation Options. If the Borrower is not approved for a different Loss Mitigation Option, the Mortgagee must initiate foreclosure. HUD provides an automatic 90-Day extension during which the Mortgagee must take one of these actions. Forbearance HUD provides automatic 90-Day extensions to the deadline to complete a Loss Mitigation Option or to perform the first legal action initiating foreclosure following the expiration of the Forbearance. If the Forbearance fails, the Mortgagee must evaluate the Borrower for another Loss Mitigation Option. If the Borrower is not approved for a Loss Mitigation Option, the Mortgagee must commence or recommence foreclosure. HUD provides an automatic 90-Day extension during which the Mortgagee must take one of these actions. Special Forbearance Mortgagees are allowed an automatic 90-Day extension from the failure of a Special Forbearance (SFB) – Unemployment or completion of an SFB to review for additional loss mitigation options or to initiate foreclosure. Trial Payment Plan Failure
If the Borrower fails a TPP and is not eligible for another Permanent Home Retention Option, the Mortgagee must evaluate the Borrower for Home Disposition Options. HUD provides an automatic 90-Day extension for the Mortgagee to approve another Loss Mitigation Option, or to commence or recommence foreclosure, should a TPP fail. Loss Mitigation HUD provides automatic 90-Day extensions to the deadline to complete a Loss Mitigation Option or to perform the first legal action initiating foreclosure, provided the Mortgagee has:
• evaluated and approved the Borrower for a Loss Mitigation Option prior to the expiration of the initial six-month period to initiate foreclosure, or issued an ATP in the PFS Program resulting in early termination or option failure;
• reported the Loss Mitigation Option via SFDMS; and
• initiated foreclosure action after reviewing the Borrower for other Loss Mitigation Options from the date the Borrower defaulted under a Loss Mitigation Option or a TPP Agreement failed.
Page 1798
Appendix 6.1 – Automatic Extensions to HUD’s Initiation of Foreclosure Timeline (11/10/2026)
Extension Description
Loss Mitigation Denial
If the Permanent Home Retention Option or OWL is denied, the Mortgagee must evaluate the Borrower for a Home Disposition Option. If the Borrower is denied for a Home Disposition Option, the Mortgagee must commence, recommence, or resume foreclosure no later than 90 Days after denial of the Loss Mitigation Option. HUD provides an automatic 90-Day extension to the initiation of foreclosure timeline in any case in which the Mortgagee needs additional time to comply with the appeals process required by the CFPB Loss Mitigation regulations under RESPA (Regulation X) at 12 CFR § 1024.41. The 90-Day extension begins on the date the Mortgagee denies loss mitigation and sends the Borrower the notice required under CFPB regulations. Pre-Foreclosure Marketing Period
HUD provides an automatic two-month extension to the deadline to initiate foreclosure for completion of a PFS transaction if there is a signed contract of sale, but settlement has not occurred by the end of the fourth month following the date of the Borrower’s ATP in the PFS Program. Pre-Foreclosure Sale After PFS early termination or option failure, HUD provides an automatic 90-Day extension to the deadline to complete a Loss Mitigation Option or to perform the first legal action initiating foreclosure. The automatic 90-Day extension begins the Day after the PFS ATP is terminated or expires. Bankruptcy If federal bankruptcy does not permit commencement of foreclosure within the standard six-month time frame, or requires foreclosure to be discontinued, HUD provides an automatic extension for the Mortgagee to commence or, if applicable, recommence foreclosure within 90 Days after the applicable release of stay or bankruptcy discharge date. Presidentially- Declared Major Disaster Areas
HUD provides the Mortgagee an automatic 90-Day extension from the date of the moratorium expiration date to evaluate the Borrower under HUD’s Loss Mitigation for Borrowers in PDMDAs or commence or recommence foreclosure action. Servicemembers Civil Relief Act (SCRA)
Mortgagees are allowed an automatic 90-Day extension from the date the applicable SCRA foreclosure moratorium expires.
Federal Law or Regulations
Where a federal regulation requires a delay in the initiation of foreclosure, the Mortgagee must initiate foreclosure no later than 90 Days after the expiration of the time during which foreclosure is prohibited. HUD provides an automatic 90-Day extension to commence or, if applicable, recommence foreclosure within 90 Days.
Page 1799
Appendix 6.1 – Automatic Extensions to HUD’s Initiation of Foreclosure Timeline (11/10/2026)
Extension Description
State Legislation In states where the Mortgagee must delay, cancel, and/or reschedule a foreclosure action to comply with state law requirements, HUD provides an automatic 90-Day extension after the expiration of the time during which foreclosure is prohibited to commence, where:
• the foreclosure sale would have been conducted in the required time frame but was canceled to comply with state law; and
• the initial legal action to commence foreclosure was timely.
Page 1800
Appendix 7.0 – Property Preservation Allowances and Schedules (Applies to Servicing Only) (11/14/2023)