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1. Real Estate and Other Housing
2. Foreclosure
3. Foreclosure Steps and Timeline

Foreclosure Steps and Timeline

This article describes the steps and timeline of a foreclosure case from beginning to end.

1. Mortgage in default

Default = 1 day previous mortgage due date
- Lender sends Notice of Intent to Foreclose (usually sent 45 days after default) and a loss mitigation application

2. Foreclosure submitted in Court

- Lender's law practice submits Order to Docket. - Can submit whenever after 45 days from when the Notice of Intent to Foreclose is sent out (or 90 days in default)

- Lender needs to wait 28 days after filing the Order to Docket before filing the last loss mitigation affidavit
- Lender must submit the final loss mitigation affidavit a minimum of 30 days before sale

3. Foreclosure mediation (optional step)

- Homeowner must submit mediation request and send out a payment of $50, within 25 days of:

- The Order to Docket, if final loss mitigation affidavit served at exact same time
- Receipt of final loss mitigation affidavit submitted after the Order to Docket is filed
- In either case - 25 days from final loss mitigation affidavit

- 45 days after the homeowner has actually been serviced with the Order to Docket if it has a last loss mitigation affidavit filed with it; or
- one month after the final loss mitigation affidavit is served if it is filed after the Order to Docket is submitted

- Within 5 days of getting a mediation demand, the Circuit Court will forward the request to Office of Administrative Hearings (OAH)

- OAH will arrange the mediation within 60 days of receiving the demand. OAH can extend the time as much as 1 month for excellent cause or longer if all parties concur. - OAH will send out the homeowner a scheduling notice
- OAH will also consist of guidelines for documents that require to be offered to OAH and the lender's law office prior to the mediation. These files need to be supplied no later on than 20 days before the scheduled date of mediation.

- OAH files a report with the court within 7 days after the mediation - If there is no arrangement in mediation, the Lender schedules the home for foreclosure sale.
- The Lender can schedule the sale as soon as 15 days after the mediation has happened

4. Foreclosure sale

- Homeowner may file a motion to remain or dismiss under Maryland Rule 14-211 if they have a valid defense on why the lender does not can foreclosure on their home. - The motion to stay need to be submitted within 15 days after the mediation is held. If no mediation occurs, then the motion should be filed within 15 days after OAH files its report with the court. This may occur if one party stops working to stand for mediation.
- The house owner might file a stay if the property owner has actually not received a final decision on the finished loss mitigation application that was gotten by the lending institution a minimum of 37 days before the sale date.

- When the lending institution schedules the foreclosure sale, they need to provide notification to homeowner. - Notice should be provided no behind 10 days and no sooner than thirty days before the set up sale

- The Homeowner can cure the default by paying all overdue payments, penalties, and fees and restore the loan at any time up to 1 service day before the foreclosure sale happens.

- Within 2 week after a post ponement or cancellation of a sale, the Lender's law practice shall send a notification that the sale was delayed or cancelled to the customer and/or the Homeowner. The notifications will be sent out by first-class mail, postage prepaid.

- Once the foreclosure sale has actually occurred, the lending institution needs to file a report of sale with the Circuit Court - The report need to be submitted within 1 month after the sale

- The Notary concerns a notification that the sale will be validated within one month of Clerk's notice

- If a property owner wants to submit exceptions to sale, it should be submitted with the Court within thirty days after the clerk's notification

- The Circuit Court validates the sale after the time for exceptions has past or exceptions have actually been overthrown

- After the foreclosure sale occurs and the purchaser from the foreclosure sale finishes settlement, the court appointed auditor will file the Auditor's Report with the Court. - The Homeowner and any junior lienholder is entitled to get a copy of the Auditor's Report.
- The Auditor's Report will reveal a deficiency or a surplus.
- If the Auditor's Report shows a shortage, then the Lender may submit a Motion for Entry of a Shortage Judgment.
- If the Auditor's Report shows a surplus, then the court auditor will suggest to the Court how the profits must be dispersed.

5. Eviction

- The buyer from the foreclosure sale files a Movement for Entry of Judgment Awarding Possession - The Court should issue an order granting belongings
- After the entry of judgment, buyer needs to send an expulsion notice prior to executing the writ of ownership
- After the eviction notice is served, buyer must file an ask for writ of belongings
- Sheriff then carries out the writ and forces out previous house owner

Read the Law and Rules: Md. Code, Real Residential Or Commercial Property § 7-105.1; Md. Rules 2-647 (Enforcement of Judgment Awarding Possession); 14-102 (Judgment Awarding Possession); 14-207 (Pleadings); & 14-305 (Procedure Following Sale); COMAR 09.03.12

The Foreclosure Process from the Maryland Courts

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