Foreclosure Steps And Timeline
How Do I.? - Evaluate My Situation
- Alternatives to Court
- Get Help
- Legal Research
- Start/Respond to a Case
- Discovery and Evidence
- Get ready for Court
- Judgments
- Appeals
Main navigation
- Home - How Do I.? - Evaluate My Situation
- Alternatives to Court
- Get Help
- Legal Research
- Start/Respond to a Case
- Discovery and Evidence
- Prepare for Court
- Judgments
- Appeals
- Real Estate and Other Housing
- Foreclosure
- Foreclosure Steps and Timeline
Foreclosure Steps and Timeline
This article explains the steps 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 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 (or 90 days in default)
- Lender must wait 28 days after submitting the Order to Docket before submitting the final loss mitigation affidavit - Lender must file the final loss mitigation affidavit a minimum of one month before sale
3. Foreclosure mediation (optional action)
- Homeowner needs to submit mediation request and send out a payment of $50, within 25 days of:
- The Order to Docket, if final loss mitigation affidavit served at same time - Receipt of last 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 homeowner 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 submitted after the Order to Docket is submitted
- Within 5 days of receiving a mediation request, the Circuit Court will forward the demand to Office of Administrative Hearings (OAH)
- OAH will set up the mediation within 60 days of receiving the demand. OAH can extend the time up to thirty days for great cause or longer if all celebrations concur. - OAH will send the house owner a scheduling notification - OAH will also consist of directions for documents that require to be offered to OAH and the lender's law company prior to the mediation. These files ought to 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 agreement in mediation, the Lender schedules the home for foreclosure sale. - The Lender can set up the sale as quickly as 15 days after the mediation has actually taken place
4. Foreclosure sale
- Homeowner may file a movement to remain or dismiss under Maryland Rule 14-211 if they have a legitimate defense on why the loan provider does not deserve to foreclosure on their home. - The motion to remain must be filed within 15 days after the mediation is held. If no mediation occurs, then the motion must be filed within 15 days after OAH files its report with the court. This may take place if one party stops working to stand for mediation. - The homeowner might file a stay if the homeowner has not gotten a final decision on the completed loss mitigation application that was received by the lender at least 37 days before the sale date.
- When the loan provider schedules the foreclosure sale, they need to provide notification to homeowner. - Notice must be offered no behind 10 days and no quicker than one month before the scheduled sale
- The Homeowner deserves to cure the default by paying all past due payments, penalties, and charges and renew the loan at any time as much as 1 service day before the foreclosure sale takes place.
- Within 2 week after a postponement or cancellation of a sale, the Lender's law firm will send out a notification that the sale was delayed or cancelled to the debtor and/or the Homeowner. The notifications shall be sent out by first-class mail, postage prepaid.
- Once the foreclosure sale has actually occurred, the loan provider needs to submit a report of sale with the Circuit Court - The report need to be filed within one month after the sale
- The Notary problems a notification that the sale will be ratified within one month of Clerk's notification
- If a property owner wants to file exceptions to sale, it should be submitted with the Court within 1 month after the clerk's notification
- The Circuit Court ratifies the sale after the time for exceptions has past or have actually been overthrown
- After the foreclosure sale takes place and the purchaser from the foreclosure sale completes settlement, the court designated auditor will submit 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 shows a shortage, then the Lender may 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 need to be distributed.
5. Eviction
- The purchaser from the foreclosure sale submits a Motion for Entry of Judgment Awarding Possession - The Court need to provide an order giving ownership - After the entry of judgment, purchaser must send out an expulsion notice prior to performing the writ of ownership
- After the eviction notification is served, purchaser needs to file an ask for writ of belongings
- Sheriff then carries out the writ and forces 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
Is this legal recommendations?
This website uses legal details, not legal guidance. We make every effort to guarantee the precision of the information and to clearly discuss your choices. However we do not offer legal recommendations - the application of the law to your individual scenarios. For legal recommendations, you need to seek advice from an attorney. 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 totally free to copy the information 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.
forumcu.com