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1. Real Estate and Other Housing
2. Foreclosure
3. Foreclosure Steps and Timeline
Foreclosure Steps and Timeline
This article 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 (usually 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 file any time after 45 days from when the Notice of Intent to Foreclose is sent (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 must file the final loss mitigation affidavit a minimum of 1 month before sale
3. Foreclosure mediation (optional step)
- Homeowner needs to file 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 submitted
- 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 final loss mitigation affidavit filed with it; or
- 30 days after the last loss mitigation affidavit is served if it is filed after the Order to Docket is submitted
- Within 5 days of getting a mediation demand, the Circuit Court will forward the demand to Office of Administrative Hearings (OAH)
- OAH will schedule the mediation within 60 days of getting the demand. OAH can extend the time approximately 30 days for great cause or longer if all celebrations concur. - OAH will send out the homeowner a scheduling notice
- OAH will likewise include instructions for documents that need to be supplied to OAH and the loan provider's law office prior to the mediation. These files need to be supplied no later 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 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 actually occurred
4. Foreclosure sale
- Homeowner might file a movement to stay or dismiss under Maryland Rule 14-211 if they have a legitimate defense on why the loan provider does not can foreclosure on their home. - The movement to stay should be filed within 15 days after the mediation is held. If no mediation occurs, then the movement must be filed within 15 days after OAH submits its report with the court. This may happen if one celebration fails to appear for mediation.
- The homeowner might file a stay if the property owner has not received a last decision on the finished loss mitigation application that was gotten by the loan provider a minimum of 37 days before the sale date.
- When the lender schedules the foreclosure sale, they must offer notification to house owner. - Notice needs to be provided no later than 10 days and no faster than thirty days before the scheduled sale
- The Homeowner has the right to cure the default by paying all past due payments, penalties, and costs and renew the loan at any time up to 1 organization day before the foreclosure sale occurs.
- Within 14 days after a postponement or cancellation of a sale, the Lender's law office shall send a notice that the sale was delayed or cancelled to the debtor and/or the Homeowner. The notices shall be sent out by top-notch mail, postage prepaid.
- Once the foreclosure sale has actually happened, the loan provider needs to file a report of sale with the Circuit Court - The report should be submitted within one month after the sale
- The Court Clerk concerns a notification that the sale will be validated within 1 month of Clerk's notification
- If a homeowner wants to file exceptions to sale, it must be filed with the Court within 1 month after the clerk's notice
- The Circuit Court validates the sale after the time for exceptions has previous or exceptions have been overthrown
- After the foreclosure sale happens and the buyer from the foreclosure sale finishes settlement, the court designated auditor will submit 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 deficiency or a surplus.
- If the Auditor's Report reveals a shortage, then the Lender might file 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 ought to be dispersed.
5. Eviction
- The purchaser from the foreclosure sale files a Motion for Entry of Judgment Awarding Possession - The Court must provide an order approving possession
- After the entry of judgment, purchaser must send an eviction notification prior to executing the writ of possession
- After the eviction notification is served, purchaser should submit a demand for writ of ownership
- Sheriff then executes the writ and evicts previous 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
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