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

Foreclosure Steps and Timeline

This short article explains the actions and timeline of a foreclosure case from starting to end.

1. Mortgage in default

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

2. Foreclosure filed in Court

- Lender's law office files Order to Docket. - Can file at any time after 45 days from when the Notice of Intent to Foreclose is sent out (or 90 days in default)

- Lender must wait 28 days after filing the Order to Docket before filing the last loss mitigation affidavit
- Lender should file the final loss mitigation affidavit a minimum of 1 month before sale

3. Foreclosure mediation (optional action)

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

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

- 45 days after the property owner has been serviced with the Order to Docket if it has a final loss mitigation affidavit submitted with it; or
- 1 month after the final loss mitigation affidavit is served if it is filed after the Order to Docket is filed

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

- OAH will schedule the mediation within 60 days of getting the demand. OAH can extend the time approximately 30 days for good cause or longer if all parties concur. - OAH will send out the homeowner a scheduling notice
- OAH will also include directions for files that require to be supplied to OAH and the lending institution's law practice prior to the mediation. These files ought to be offered no behind 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 quickly as 15 days after the mediation has actually occurred

4. Foreclosure sale

- Homeowner may file a motion to stay or dismiss under Maryland Rule 14-211 if they have a valid defense on why the lending institution does not deserve to foreclosure on their home. - The movement to remain should be filed within 15 days after the mediation is held. If no mediation happens, then the motion needs to be filed within 15 days after OAH submits its report with the court. This may take place if one party fails to appear for mediation.
- The house owner might submit a stay if the house owner has actually not received a final determination on the finished loss mitigation application that was gotten by the lending institution at least 37 days before the sale date.

- When the lending institution schedules the foreclosure sale, they should offer notice to property owner. - Notice must be supplied no later than 10 days and no earlier than one month before the set up sale

- The Homeowner has the right to treat the default by paying all past due payments, penalties, and costs and renew the loan at any time as much as 1 service day before the foreclosure sale happens.

- Within 14 days after a postponement or cancellation of a sale, the Lender's law company will send a notice that the sale was delayed or cancelled to the customer and/or the Homeowner. The notifications will be sent by first-rate mail, postage prepaid.

- Once the foreclosure sale has actually happened, the lender must file a report of sale with the Circuit Court - The report must be filed within 30 days after the sale

- The Notary concerns a notice that the sale will be validated within 30 days of Clerk's notice

- If a homeowner wishes to file exceptions to sale, it must be submitted with the Court within one month after the clerk's notification

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

- After the foreclosure sale occurs and the purchaser from the foreclosure sale finishes settlement, the court selected 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 reveals a shortage, then the Lender may file a Motion for Entry of a Deficiency Judgment.
- If the Auditor's Report reveals a surplus, then the court auditor will recommend to the Court how the profits ought to be dispersed.

5. Eviction

- The buyer from the foreclosure sale files a Movement for Entry of Judgment Awarding Possession - The Court must provide an order approving ownership
- After the entry of judgment, buyer should send an eviction notification prior to carrying out the writ of possession
- After the expulsion notification is served, purchaser must file a request for writ of belongings
- Sheriff then carries out the writ and forces out former 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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