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Foreclosure Steps And Timeline

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  • How Do I.? - Evaluate My Situation
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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 steps and timeline of a foreclosure case from beginning to end.

    1. Mortgage in default

    Default = 1 day previous mortgage due date
  • Lender sends Notice of Intent to Foreclose (usually sent 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 filing the last loss mitigation affidavit
  • Lender needs to submit the last loss mitigation affidavit a minimum of 1 month before sale

    3. Foreclosure mediation (optional step)

    - Homeowner must 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 very 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 last loss mitigation affidavit filed with it; or
  • one month after the last loss mitigation affidavit is served if it is submitted after the Order to Docket is submitted

    - Within 5 days of getting a mediation request, the Circuit Court will forward the request to Office of Administrative Hearings (OAH)

    - OAH will schedule the mediation within 60 days of getting the request. OAH can extend the time approximately 1 month for excellent cause or longer if all celebrations agree. - OAH will send out the property owner a scheduling notification
  • OAH will also include guidelines for documents that require to be supplied to OAH and the lending institution's law practice prior to the mediation. These files should be supplied 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 schedule the sale as quickly as 15 days after the mediation has occurred

    4. Foreclosure sale

    - Homeowner may file a movement to stay or dismiss under Maryland Rule 14-211 if they have a legitimate defense on why the lending institution 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 takes place, then the movement needs to be filed within 15 days after OAH files its report with the court. This might take place if one celebration fails to appear for mediation.
  • The property owner might submit a stay if the house owner has not gotten a final determination on the completed loss mitigation application that was received by the lending institution at least 37 days before the sale date.

    - When the lender schedules the foreclosure sale, they must offer notification to homeowner. - Notice should be provided no behind 10 days and no sooner than one month before the set up sale

    - The Homeowner can cure the default by paying all overdue payments, charges, and charges and restore the loan at any time as much as 1 organization day before the foreclosure sale happens.

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

    - Once the foreclosure sale has taken place, the loan provider should file a report of sale with the Circuit Court - The report should be submitted within thirty days after the sale

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

    - If a homeowner wishes to file exceptions to sale, it needs to be filed with the Court within 1 month after the clerk's notification

    - The Circuit Court validates the sale after the time for exceptions has previous or exceptions have been overruled

    - After the foreclosure sale occurs and the purchaser from the foreclosure sale completes settlement, the court designated auditor will submit the 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 shortage or a surplus.
  • If the Auditor's Report shows 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 advise to the Court how the earnings should be distributed.

    5. Eviction

    - The buyer from the foreclosure sale submits a Movement for Entry of Judgment Awarding Possession - The Court must issue an order approving possession
  • After the entry of judgment, buyer must send an eviction notification prior to carrying out the writ of ownership
  • After the eviction notification is served, purchaser should submit a demand for writ of possession
  • Sheriff then performs the writ and kicks out 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

    Is this legal guidance?

    This site provides legal info, not legal guidance. We make every effort to guarantee the precision of the details and to plainly explain your options. However we do not provide legal recommendations - the application of the law to your specific circumstances. For legal guidance, you should speak with an attorney. The Maryland Thurgood Marshall State Law Library, a court-related firm of the Maryland Judiciary, sponsors this website. 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 details 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.