The process leading up to foreclosure begins when you receive a “Notice of Intent to Foreclose” in the mail. You are not yet in foreclosure at this point but you should act immediately! Complete the packet you receive in the mail and return it in the envelope that was included. 45 days after you get the Notice of Intent to Foreclose in the mail, a foreclosure may be filed in Court. When a foreclosure is filed against you, you will be served with a packet of papers called an “Order to Docket”. Maryland law requires that your mortgage company reviews your circumstances to see if you are eligible to avoid foreclosure before they can sell your house at foreclosure. This review is called loss mitigation analysis. If this analysis is completed before your foreclosure is filed and you have a document called a “Final Loss Mitigation Affidavit” in the packet of paper that you receive, you should refer to column 1 below. If the analysis was not completed, you will have a “Preliminary Loss Mitigation Affidavit” in your packet of paper and you should look at column 2 below to understand the foreclosure process.
Timeline # 1 Where the Order to Docket or Complaint to Foreclose includes the “Final Loss Mitigation Affidavit.” (Times in this chart are for general information. The timing of specific events in an actual foreclosure action may vary as permitted by law.) Day 1 Missed mortgage payment. Day 45 Notice of Intent to Foreclose must be mailed by regular & certified mail. Day 90 Order to Docket or Complaint to Foreclose filed in circuit court. Day 105 Last day for homeowner to request foreclosure mediation.* * If foreclosure mediation is not requested by day 105, or if a motion to stay the sale has not been filed, the property may be sold on day 135 and the remainder of this timeline is inapplicable. Day 110 If foreclosure mediation is requested, circuit court sends the request to the Maryland Office of Administrative Hearings by this day. Day 170 If requested, foreclosure mediation must take place by this day unless postponement is requested. Day 185 Foreclosure sale can be held unless a motion to stay the sale is filed.
Timeline #2 Where the Order to Docket or Complaint to Foreclose includes the “Preliminary Loss Mitigation Affidavit.” (Times in this chart are for general information. The timing of specific events in an actual foreclosure action may vary as permitted by law.) Day 1 Missed mortgage payment. Day 45 Notice of Intent to Foreclose mailed regular & certified mail. Day 90 Order to Docket or Complaint to Foreclose filed in circuit court. Day 118 “Final Loss Mitigation Affidavit” and form to request foreclosure mediation sent by regular & certified mail. Day 133 Last day for homeowner to request foreclosure mediation. If foreclosure mediation is not requested by day 133, or if a motion to stay the sale has not been filed, the property may be sold on day 148 and the remainder of this time line is inapplicable. Day 138 If foreclosure mediation is requested, the circuit court sends the request to the Maryland Office of Administrative Hearings by this day. Day 198 If requested, foreclosure mediation must take place by this day unless postponement is requested. Day 213 Foreclosure sale can be held unless a motion to stay the sale is filed.