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1. Real Estate and Other Housing
2. Foreclosure
3. Foreclosure Steps and Timeline
Foreclosure Steps and Timeline
This article explains the steps and timeline of a foreclosure case from beginning to end.
1. Mortgage in default
Default = 1 day past mortgage due date
- Lender sends Notice of Intent to Foreclose (generally sent 45 days after default) and a loss mitigation application
2. Foreclosure submitted in Court
- Lender's law office 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 must wait 28 days after submitting the Order to Docket before filing the last loss mitigation affidavit
- Lender must file the last loss mitigation affidavit a minimum of one month before sale
3. Foreclosure mediation (optional step)
- Homeowner must file 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 actually 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 submitted after the Order to Docket is submitted
- Within 5 days of receiving 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 getting the request. OAH can extend the time as much as 30 days for great cause or longer if all parties concur. - OAH will send the homeowner a scheduling notice
- OAH will also include guidelines for documents that need to be offered to OAH and the lending institution's law practice prior to the mediation. These documents must be provided no later than 20 days before the scheduled date of mediation.
- OAH submits 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 taken place
4. Foreclosure sale
- Homeowner might submit a movement to remain or dismiss under Maryland Rule 14-211 if they have a legitimate defense on why the lender does not have the right to foreclosure on their home. - The motion to stay must be submitted within 15 days after the mediation is held. If no mediation happens, then the movement should be filed within 15 days after OAH submits its report with the court. This might take place if one party fails to stand for mediation.
- The house owner might file a stay if the house owner has actually not gotten 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 lender schedules the foreclosure sale, they should supply notice to house owner. - Notice should be offered no behind 10 days and no sooner than thirty days before the arranged sale
- The Homeowner deserves to treat the default by paying all overdue payments, charges, and charges and restore the loan at any time up to 1 organization day before the foreclosure sale takes place.
- Within 2 week after a post ponement or cancellation of a sale, the Lender's law office will send out a notification that the sale was held off or cancelled to the borrower and/or the Homeowner. The notices shall be sent by first-rate mail, postage prepaid.
- Once the foreclosure sale has happened, the lending institution must submit a report of sale with the Circuit Court - The report should be submitted within 30 days after the sale
- The Court Clerk concerns a notice that the sale will be ratified within 30 days of Clerk's notification
- If a house owner wants to submit exceptions to sale, it needs to be filed with the Court within 30 days after the clerk's notification
- The Circuit Court ratifies the sale after the time for exceptions has past or exceptions have actually been overthrown
- After the foreclosure sale happens and the buyer 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 shortage or a surplus.
- If the Auditor's Report shows a shortage, then the Lender might file a Movement for Entry of a Deficiency Judgment.
- If the Auditor's Report shows a surplus, then the court auditor will suggest to the Court how the proceeds must be dispersed.
5. Eviction
- The buyer from the foreclosure sale submits a Motion for Entry of Judgment Awarding Possession - The Court must release an order granting belongings
- After the entry of judgment, purchaser should send an eviction notification prior to executing the writ of belongings
- After the expulsion notice is served, purchaser must submit a demand for writ of ownership
- Sheriff then performs the writ and evicts 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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