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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 previous mortgage due date
- Lender sends out Notice of Intent to Foreclose (typically sent out 45 days after default) and a loss mitigation application

2. Foreclosure filed in Court

- Lender's law practice files Order to Docket. - Can submit at any time 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 submitting the final loss mitigation affidavit
- Lender should file the final loss mitigation affidavit a minimum of 30 days before sale

3. Foreclosure mediation (optional step)

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

- The Order to Docket, if final loss mitigation affidavit served at very same time
- Receipt of final 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
- thirty days after the final 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 request to Office of Administrative Hearings (OAH)

- OAH will set up the mediation within 60 days of receiving the demand. OAH can extend the time approximately 1 month for excellent cause or longer if all parties agree. - OAH will send out the homeowner a scheduling notice
- OAH will likewise include instructions for files that require to be supplied to OAH and the lender's law practice prior to the mediation. These documents must 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 quickly as 15 days after the mediation has taken place

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 lending institution does not can foreclosure on their home. - The movement to remain should be filed within 15 days after the mediation is held. If no mediation occurs, then the motion should be filed within 15 days after OAH submits its report with the court. This may take place if one celebration stops working to stand for mediation.
- The homeowner may file a stay if the homeowner has not received a final determination on the completed loss mitigation application that was gotten by the lender a minimum of 37 days before the sale date.

- When the loan provider schedules the foreclosure sale, they must provide notification to house owner. - Notice needs to be supplied no behind 10 days and no sooner than 30 days before the set up sale

- The Homeowner can treat the default by paying all unpaid payments, penalties, and fees and reinstate the loan at any time up to 1 company day before the foreclosure sale occurs.

- Within 2 week after a post ponement or cancellation of a sale, the Lender's law company shall send out a notice that the sale was delayed or cancelled to the debtor and/or the Homeowner. The notices shall be sent out by superior mail, postage prepaid.

- Once the foreclosure sale has happened, the lending institution should submit a report of sale with the Circuit Court - The report need to be submitted within 30 days after the sale

- The Notary problems a notification that the sale will be ratified within 30 days of Clerk's notification

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

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

- After the foreclosure sale happens 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 shortage or a surplus.
- If the Auditor's Report shows a shortage, then the Lender may file a Movement for Entry of a Deficiency Judgment.
- If the Auditor's Report shows a surplus, then the court auditor will advise to the Court how the proceeds must be dispersed.

5. Eviction

- The purchaser from the foreclosure sale submits a Motion for Entry of Judgment Awarding Possession - The Court should issue an order granting possession
- After the entry of judgment, purchaser should send an expulsion notification prior to performing the writ of ownership
- After the expulsion notification is served, buyer must file a demand for writ of possession
- Sheriff then performs the writ and evicts previous property 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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