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

2. Foreclosure submitted in Court

- Lender's law practice submits 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 must wait 28 days after submitting the Order to Docket before submitting the final loss mitigation affidavit
- Lender should submit the last loss mitigation affidavit a minimum of thirty days before sale

3. Foreclosure mediation (optional step)

- Homeowner needs to file mediation demand 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 submitted after the Order to Docket is filed
- In either case - 25 days from final loss mitigation affidavit

- 45 days after the property owner has been serviced with the Order to Docket if it has a last 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 getting a mediation request, the Circuit Court will forward the demand to Office of Administrative Hearings (OAH)

- OAH will schedule the mediation within 60 days of receiving the demand. OAH can extend the time as much as 1 month for excellent cause or longer if all celebrations concur. - OAH will send out the property owner a scheduling notification
- OAH will likewise include guidelines for files that need to be supplied to OAH and the loan provider's law office prior to the mediation. These documents need to be provided no later 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 arrangement 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 actually occurred

4. Foreclosure sale

- Homeowner might file a motion to stay or dismiss under Maryland Rule 14-211 if they have a valid defense on why the loan provider does not deserve to foreclosure on their home. - The movement to stay must be submitted within 15 days after the mediation is held. If no mediation takes place, then the movement should be submitted within 15 days after OAH files its report with the court. This may take place if one party fails to appear for mediation.
- The homeowner might file a stay if the property owner has actually not received a final decision on the finished loss mitigation application that was received by the lending institution a minimum of 37 days before the sale date.

- When the lending institution schedules the foreclosure sale, they must offer notice to house owner. - Notice should be provided no behind 10 days and no earlier than 1 month before the arranged sale

- The Homeowner has the right to cure the default by paying all past due payments, penalties, and charges and reinstate the loan at any time as much as 1 service day before the foreclosure sale happens.

- Within 2 week after a post ponement or cancellation of a sale, the Lender's law office shall send out a notice that the sale was postponed or cancelled to the customer and/or the Homeowner. The notifications will be sent by first-class mail, postage prepaid.

- Once the foreclosure sale has actually taken place, the lender must submit a report of sale with the Circuit Court - The report need to be submitted within thirty days after the sale

- The Notary issues a notification that the sale will be validated within 1 month of Clerk's notice

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

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

- After the foreclosure sale takes place and the purchaser from the foreclosure sale finishes settlement, the court appointed 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 reveals 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 advise to the Court how the profits should be dispersed.

5. Eviction

- The purchaser from the foreclosure sale files a Movement for Entry of Judgment Awarding Possession - The Court should release an order approving possession
- After the entry of judgment, purchaser needs to send an eviction notification prior to executing the writ of ownership
- After the eviction notice is served, purchaser should submit a demand for writ of possession
- Sheriff then executes the writ and kicks out former house 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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