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1. Real Estate and Other Housing
2. Foreclosure
3. Foreclosure Steps and Timeline
Foreclosure Steps and Timeline
This post describes the actions and timeline of a foreclosure case from beginning to end.
1. Mortgage in default
Default = 1 day past mortgage due date
- Lender sends out Notice of Intent to Foreclose (generally sent out 45 days after default) and a loss mitigation application
2. Foreclosure filed in Court
- Lender's law office files Order to Docket. - Can submit 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 submitting the Order to Docket before filing the final loss mitigation affidavit
- Lender must file the last loss mitigation affidavit a minimum of thirty days before sale
3. Foreclosure mediation (optional step)
- Homeowner should file mediation request and send out a payment of $50, within 25 days of:
- The Order to Docket, if last loss mitigation affidavit served at very same time
- Receipt of final loss mitigation affidavit submitted after the Order to Docket is submitted
- In either case - 25 days from final loss mitigation affidavit
- 45 days after the house owner has been serviced with the Order to Docket if it has a last loss mitigation affidavit submitted with it; or
- one month after the last loss mitigation affidavit is served if it is filed after the Order to Docket is filed
- Within 5 days of receiving a mediation demand, the Circuit Court will forward the demand to Office of Administrative Hearings (OAH)
- OAH will schedule the mediation within 60 days of getting the demand. OAH can extend the time as much as thirty days for excellent cause or longer if all celebrations concur. - OAH will send the property owner a scheduling notice
- OAH will likewise consist of directions for documents that need to be supplied to OAH and the lending institution's law practice prior to the mediation. These files must 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 contract in mediation, the Lender schedules the home for foreclosure sale.
- The Lender can arrange the sale as quickly as 15 days after the mediation has actually taken place
4. Foreclosure sale
- Homeowner might submit 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 movement to remain must be submitted within 15 days after the mediation is held. If no mediation happens, then the movement must be filed within 15 days after OAH submits its report with the court. This may take place if one party stops working to stand for mediation.
- The house owner might file a stay if the house owner has not received a last determination on the finished loss mitigation application that was gotten by the lending institution a minimum of 37 days before the sale date.
- When the loan provider schedules the foreclosure sale, they should provide notice to homeowner. - Notice should be offered no later on than 10 days and no faster than 30 days before the arranged sale
- The Homeowner deserves to treat the default by paying all past due payments, charges, and costs and reinstate the loan at any time as much as 1 service day before the foreclosure sale takes place.
- 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 out by first-rate mail, postage prepaid.
- Once the foreclosure sale has occurred, the lender must file a report of sale with the Circuit Court - The report should be submitted within thirty days after the sale
- The Notary issues a notification that the sale will be ratified within thirty days of Clerk's notification
- If a homeowner wants to submit exceptions to sale, it should be filed with the Court within thirty days after the clerk's notice
- 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 completes settlement, the court selected auditor will file the Auditor's Report with the Court. - The Homeowner and any junior lienholder is entitled to receive 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 deficiency, then the Lender might submit a Motion for Entry of a Deficiency Judgment.
- If the Auditor's Report reveals a surplus, then the court auditor will suggest to the Court how the proceeds should be distributed.
5. Eviction
- The purchaser from the foreclosure sale files a Motion for Entry of Judgment Awarding Possession - The Court should issue an order approving ownership
- After the entry of judgment, buyer should send out an expulsion notice prior to executing the writ of possession
- After the eviction notice is served, buyer needs to file an ask for writ of possession
- Sheriff then carries out the writ and kicks out previous homeowner
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
Is this legal advice?
This site uses legal details, illegal advice. We strive to ensure the accuracy of the info and to clearly describe your options. However we do not provide legal guidance - the application of the law to your private situations. For legal recommendations, you need to speak with a lawyer. The Maryland Thurgood Marshall State Law Library, a court-related company of the Maryland Judiciary, sponsors this site. In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. You are free to copy the info for your own use or for other non-commercial functions with the following language "Source: Maryland's People's Law Library - www.peoples-law.org.
