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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 actions and timeline of a foreclosure case from starting 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 files Order to Docket. - Can file 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 submitting the last loss mitigation affidavit
- Lender must file the last loss mitigation affidavit a minimum of thirty days before sale

3. Foreclosure mediation (optional action)

- Homeowner needs to file mediation request and send a payment of $50, within 25 days of:

- The Order to Docket, if last loss mitigation affidavit served at 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 house owner has actually been serviced with the Order to Docket if it has a last loss mitigation affidavit filed with it; or
- thirty days after the final loss mitigation affidavit is served if it is submitted after the Order to Docket is filed

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

- OAH will arrange the mediation within 60 days of receiving the demand. OAH can extend the time approximately 30 days for great cause or longer if all celebrations agree. - OAH will send the house owner a scheduling notice
- OAH will also consist of directions for files that require to be supplied to OAH and the lender's law company prior to the mediation. These files should be provided no later on 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 agreement 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 occurred

4. Foreclosure sale

- Homeowner may submit a movement to stay or dismiss under Maryland Rule 14-211 if they have a valid defense on why the loan provider does not can foreclosure on their home. - The motion to stay should be submitted within 15 days after the mediation is held. If no mediation occurs, then the movement must be filed within 15 days after OAH files its report with the court. This may happen if one party stops working to stand for mediation.
- The house owner might submit a stay if the homeowner has actually not received a final decision on the completed 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 should offer notification to homeowner. - Notice needs to be provided no later on than 10 days and no quicker than 1 month before the scheduled sale

- The Homeowner has the right to cure the default by paying all overdue payments, penalties, and costs and reinstate the loan at any time approximately 1 service day before the foreclosure sale takes place.

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

- Once the foreclosure sale has taken place, the lender needs to file a report of sale with the Circuit Court - The report need to be submitted within 1 month after the sale

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

- If a house owner wants to file exceptions to sale, it must be filed with the Court within 30 days after the clerk's notice

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

- After the foreclosure sale happens and the buyer from the foreclosure sale completes settlement, the court designated 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 deficiency, then the Lender might file a Movement for Entry of a Shortage Judgment.
- If the Auditor's Report reveals 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 files a Motion for Entry of Judgment Awarding Possession - The Court should release an order approving ownership
- After the entry of judgment, buyer must send an expulsion notification prior to executing the writ of belongings
- After the expulsion notification is served, buyer should submit an ask for writ of ownership
- Sheriff then executes the writ and kicks out former 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

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