Maryland Real Estate Foreclosure Process

The Maryland foreclosure process is not that difficult to understand. In Maryland, as with the rest of the United States excluding a few blue-chip areas, foreclosure rates on home mortgages are at record high levels. If you are in a compromised position concerning the state of your home mortgage and have questions concerning your rights and the steps you should take, then read on.

The Maryland foreclosure process:

There are three basic criterions with which a lender may initiate a foreclosure on your mortgage. They are:

Judicial foreclosures

If your mortgage or deed of trust has no power of sale or assent to decree clause included, then a lender must initiate a formal complaint against you and request a decree of sale. It is then up to the court to discern whether a default has in fact occurred and issue the decree.

Non-judicial foreclosures

If your mortgage or deed of trust has a power of sale or assent to decree clause included, then a lender is pre-authorized to sell your property in the event of a default. With the Maryland foreclosure process, the lender must still file an order to docket in advance of initiating the foreclosure proceedings. There is however no requirement for a formal hearing to transpire before the proceedings begin.

Assent to decree

Here, the foreclosure process is simplified for the lender as the security documentation already includes a clause, signed by the borrower, that the borrower agrees to an entry for sale upon a pre-specified default amount. Although the lender must still file the motion in court, there is no requirement to wait for an answer or have a hearing in order for the foreclosure process to ensue.

Maryland Foreclosure Guidelines

The lender must have a notice of sale published in a local newspaper for 3 consecutive weeks before the sale is to transpire. The borrower must be informed of the intended sale by certified mail more than 10 days, but less than 30 days prior to the sale.

Only a trustee (an authorized representative of the lender) or the sheriff may conduct the sale. The sale must transpire either at the local courthouse, at the property for sale or at a location that has been included in the advertisements concerning the sale.

If for any reason the sale is postponed, the rescheduled date of sale must be published in the same manner as the first date of sale was.

When the sale has been completed, the seller must notify the court of the sale including complete details. This is to happen within 30 days from the sale date. 

Lenders may file a deficiency judgment for up to 3 years. The amount of this deficiency judgment request is limited to the balance of the defaulted loan. The lender must also forego the costs of the foreclosure sale.

The timeline for the Maryland foreclosure process to be completed is typically 90 days. There is no right of redemption in Maryland. Understanding your rights and the rights of the lender for your mortgage is a necessary and valuable asset when your are faced with the possibility of foreclosure. To learn more about the Maryland foreclosure process, please visit Stop Foreclosure Help Today.