Foreclosure Steps And Timeline

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


Foreclosure Steps and Timeline


This post describes the steps and timeline of a foreclosure case from beginning to end.


1. Mortgage in default


Default = 1 day past mortgage due date
- Lender sends out Notice of Intent to Foreclose (generally sent 45 days after default) and a loss mitigation application


2. Foreclosure filed in Court


- Lender's law practice files Order to Docket. - Can submit at 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 filing the last loss mitigation affidavit
- Lender needs to file the last loss mitigation affidavit a minimum of thirty days before sale


3. Foreclosure mediation (optional step)


- Homeowner should submit 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 last loss mitigation affidavit filed after the Order to Docket is submitted
- In either case - 25 days from last loss mitigation affidavit


- 45 days after the property owner has actually been serviced with the Order to Docket if it has a last loss mitigation affidavit submitted with it; or
- thirty days 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 set up the mediation within 60 days of getting the demand. OAH can extend the time approximately one month for great cause or longer if all parties concur. - OAH will send the homeowner a scheduling notification
- OAH will also include instructions for documents that require to be offered to OAH and the loan provider's law office prior to the mediation. These documents need 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 arrangement in mediation, the Lender schedules the home for foreclosure sale.
- The Lender can set up the sale as soon as 15 days after the mediation has actually occurred


4. Foreclosure sale


- Homeowner might file a movement to remain or dismiss under Maryland Rule 14-211 if they have a valid defense on why the lending institution does not can foreclosure on their home. - The movement to stay need to be submitted within 15 days after the mediation is held. If no mediation occurs, 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 stand for mediation.
- The homeowner might submit a stay if the homeowner has not received a last decision on the completed loss mitigation application that was gotten by the lending institution at least 37 days before the sale date.


- When the loan provider schedules the foreclosure sale, they need to provide notice to property owner. - Notice must be offered no later on than 10 days and no faster than 30 days before the set up sale


- The Homeowner deserves to treat the default by paying all overdue payments, penalties, and charges and restore the loan at any time as much as 1 company day before the foreclosure sale happens.


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


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


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


- If a homeowner wants to file exceptions to sale, it needs to be filed with the Court within one month after the clerk's notification


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


- After the foreclosure sale occurs and the purchaser from the foreclosure sale completes 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 Shortage Judgment.
- If the Auditor's Report shows a surplus, then the will recommend to the Court how the profits 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 issue an order giving belongings
- After the entry of judgment, purchaser should send out an expulsion notification prior to carrying out the writ of possession
- After the eviction notification is served, buyer needs to submit an ask for writ of ownership
- Sheriff then executes the writ and evicts 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
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Is this legal advice?


This website offers legal information, illegal advice. We strive to guarantee the accuracy of the information and to plainly describe your alternatives. However we do not supply legal guidance - the application of the law to your specific scenarios. For legal suggestions, you must speak with a lawyer. The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this website. In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this site. You are free to copy the info for your own usage or for other non-commercial purposes with the following language "Source: Maryland's People's Law Library - www.peoples-law.org.
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