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1. Real Estate and Other Housing
2. Foreclosure
3. Foreclosure Steps and Timeline

Foreclosure Steps and Timeline

This post 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 (usually sent out 45 days after default) and a loss mitigation application

2. Foreclosure filed in Court

- Lender's law firm submits 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 filing the Order to Docket before filing the final loss mitigation affidavit
- Lender must file the final loss mitigation affidavit at least one month before sale

3. Foreclosure mediation (optional step)

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

- The Order to Docket, if last loss mitigation affidavit served at same time
- Receipt of last loss mitigation affidavit filed after the Order to Docket is filed
- 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 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 request to Office of Administrative Hearings (OAH)

- OAH will arrange the mediation within 60 days of getting the demand. OAH can extend the time as much as 30 days for good cause or longer if all celebrations agree. - OAH will send the house owner a scheduling notice
- OAH will also consist of instructions for files that need to be supplied to OAH and the lending institution'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 schedule the sale as quickly as 15 days after the mediation has happened

4. Foreclosure sale

- Homeowner may file a motion to stay or dismiss under Maryland Rule 14-211 if they have a legitimate defense on why the lender does not can foreclosure on their home. - The movement to stay must be submitted within 15 days after the mediation is held. If no mediation happens, then the movement needs to be submitted within 15 days after OAH files its report with the court. This might occur if one celebration stops working to appear for mediation.
- The homeowner might submit a stay if the house owner has not gotten a last determination on the completed loss mitigation application that was received by the lender a minimum of 37 days before the sale date.

- When the lender schedules the foreclosure sale, they need to provide notice to homeowner. - Notice should be provided no behind 10 days and no earlier than 1 month before the set up sale

- The Homeowner has the right to cure the default by paying all overdue payments, charges, and charges and renew the loan at any time as much as 1 business day before the foreclosure sale occurs.

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

- Once the foreclosure sale has taken place, the lender must file a report of sale with the Circuit Court - The report must be filed within one month after the sale

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

- If a homeowner wishes to submit exceptions to sale, it needs to be submitted with the Court within 1 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 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 show 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 earnings ought to be dispersed.

5. Eviction

- The buyer from the foreclosure sale submits a Motion for Entry of Judgment Awarding Possession - The Court need to release an order granting belongings
- After the entry of judgment, buyer should send out an expulsion notice prior to executing the writ of belongings
- After the eviction notice is served, purchaser needs to file an ask for writ of ownership
- Sheriff then performs the writ and evicts former 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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