Loss mitigation

What loss mitigation means

In short, loss mitigation is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where loss mitigation comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

To research loss mitigation, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the current federal court rules online for free.

Related legal terms

• Servicer: the company that collects payments and handles the day-to-day administration of a loan on behalf of its owner.
• Lis pendens: a recorded notice that a lawsuit affecting title to real property is pending.
• Local rules: rules adopted by an individual court that supplement the general rules of procedure.
• Material fact: a fact that could affect the outcome of the case under the governing law.
• Mediation: a process in which a neutral third party helps the parties try to reach a settlement.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.