Mindy Herndon opened issue #1: Foreclosure Steps And Timeline at Mindy Herndo...

Mindy Herndon
2025-11-05T07:51:21Z

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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 previous mortgage due date

Lender sends out Notice of Intent to Foreclose (typically 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 submit any time after 45 days from when the Notice of Intent to Foreclose is sent out (or 90 days in default)

- Lender should wait 28 days after filing the Order to Docket before filing the final loss mitigation affidavit

Lender needs to file the last loss mitigation affidavit a minimum of one month before sale

3. Foreclosure mediation (optional step)

- Homeowner must file mediation demand and send a payment of $50, within 25 days of:

- The Order to Docket, if final loss mitigation affidavit served at very same time

Receipt of final 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 filed with it; or

thirty days after the final loss mitigation affidavit is served if it is submitted after the Order to Docket is filed

- Within 5 days of getting a mediation demand, 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 request. OAH can extend the time up to 1 month for excellent cause or longer if all parties concur. - OAH will send out the property owner a scheduling notice

OAH will likewise consist of instructions for documents that require to be provided to OAH and the lending institution's law practice prior to the mediation. These files need to 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 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 taken place

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 lending institution does not can foreclosure on their home. - The motion to stay need to be submitted within 15 days after the mediation is held. If no mediation happens, then the motion should be filed within 15 days after OAH files its report with the court. This may happen if one party fails to appear for mediation.

The property owner may file a stay if the homeowner has not gotten a last decision on the completed loss mitigation application that was received by the lending institution a minimum of 37 days before the sale date.

- When the loan provider schedules the foreclosure sale, they should offer notification to homeowner. - Notice should be provided no behind 10 days and no faster than 30 days before the set up sale

- The Homeowner deserves to cure the default by paying all overdue payments, charges, and charges and reinstate the loan at any time up to 1 company day before the foreclosure sale takes place.

- Within 14 days after a postponement or cancellation of a sale, the Lender's law practice shall send a notice that the sale was delayed or cancelled to the borrower and/or the Homeowner. The notifications shall be sent by first-rate mail, postage prepaid.

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

- The Notary issues a notification that the sale will be ratified within 30 days of Clerk's notification

- If a homeowner wishes to file exceptions to sale, it should be submitted with the Court within 1 month after the clerk's notice

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

- After the foreclosure sale takes place and the purchaser from the foreclosure sale completes settlement, the court designated 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 might submit a Movement for Entry of a Shortage Judgment.

If the Auditor's Report reveals a surplus, then the court auditor will advise to the Court how the earnings must be dispersed.

5. Eviction

- The purchaser from the foreclosure sale files a Motion for Entry of Judgment Awarding Possession - The Court need to provide an order approving possession

After the entry of judgment, buyer must send out an eviction notification prior to performing the writ of belongings

After the expulsion notice is served, buyer should submit a demand for writ of ownership

Sheriff then executes the writ and evicts former property owner

Read the Law and Rules: Md. Code, Real Residential Or Commercial Property § 7-105.1; Md. Rules 2-647 (Enforcement of 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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