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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 beginning to end.
1. Mortgage in default
Default = 1 day previous mortgage due date
- Lender sends Notice of Intent to Foreclose (usually sent out 45 days after default) and a loss mitigation application
2. Foreclosure submitted in Court
- Lender's law firm submits Order to Docket. - Can submit any time after 45 days from when the Notice of Intent to Foreclose is sent (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 last loss mitigation affidavit at least one month 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 exact same time
- Receipt of final loss mitigation affidavit filed after the Order to Docket is submitted
- In either case - 25 days from final 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
- one month 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 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 approximately thirty days for good cause or longer if all celebrations concur. - OAH will send out the property owner a scheduling notification
- OAH will also include guidelines for documents that require to be supplied to OAH and the lender's law practice prior to the mediation. These documents need to be provided 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 soon as 15 days after the mediation has happened
4. Foreclosure sale
- Homeowner might submit a motion 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 movement to remain should be submitted within 15 days after the mediation is held. If no mediation happens, then the motion must be submitted within 15 days after OAH submits its report with the court. This might occur if one celebration fails to appear for mediation.
- The homeowner may submit a stay if the house owner has actually not gotten a final decision on the finished loss mitigation application that was gotten by the loan provider at least 37 days before the sale date.
- When the lender schedules the foreclosure sale, they must provide notification to property owner. - Notice must be offered no behind 10 days and no sooner than thirty days before the set up sale
- The Homeowner can treat the default by paying all past due payments, penalties, and costs and reinstate the loan at any time up to 1 organization day before the foreclosure sale happens.
- Within 2 week after a post ponement or cancellation of a sale, the Lender's law practice will send out a notification that the sale was delayed or cancelled to the customer and/or the Homeowner. The notices will be sent out by first-rate mail, postage prepaid.
- Once the foreclosure sale has taken place, the loan provider needs to submit a report of sale with the Circuit Court - The report should be filed within thirty days after the sale
- The Court Clerk concerns a notice that the sale will be validated within one month of Clerk's notice
- If a property owner wants to file exceptions to sale, it should be submitted with the Court within one month after the clerk's notice
- The Circuit Court ratifies the sale after the time for exceptions has past or exceptions have been overruled
- After the foreclosure sale takes place and the buyer from the foreclosure sale finishes 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 show a deficiency or a surplus.
- If the Auditor's Report shows a shortage, then the Lender might submit a Movement for Entry of a Deficiency Judgment.
- If the Auditor's Report reveals a surplus, then the court auditor will advise to the Court how the profits ought to be distributed.
5. Eviction
- The purchaser from the foreclosure sale files a Motion for Entry of Judgment Awarding Possession - The Court need to provide an order granting ownership
- After the entry of judgment, buyer must send out an eviction notification prior to performing the writ of belongings
- After the expulsion notice is served, purchaser must file an ask for writ of belongings
- Sheriff then executes 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
Is this legal advice?
This site uses legal information, not legal guidance. We make every effort to make sure the precision of the information and to clearly explain your choices. However we do not offer legal recommendations - the application of the law to your specific scenarios. For legal suggestions, you should consult a lawyer. The Maryland Thurgood Marshall State Law Library, a court-related firm of the Maryland Judiciary, sponsors this site. In the lack of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library might hold the copyright to parts of this website. You are free to copy the details for your own usage or for other non-commercial functions with the following language "Source: Maryland's People's Law Library - www.peoples-law.org.
