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Foreclosure Survival Guide
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Foreclosure Survival Guide (1st Edition)
| Topic | State Rule |
|---|---|
| Common type of foreclosure process | Nonjudicial: under power of sale in deed of trust, but a court must ratify the sale for clear title to pass to the new owner |
| Time to respond | Foreclosing party must serve homeowner with notice of intent to foreclose at least 45 days before sale date. Service must be by first-class and certified mail, return receipt requested. Foreclosing party must also publish notice for three consecutive weeks, with the last week at least one week before sale.
In addition, person authorized to make the sale must serve (by certified mail, return receipt requested) a notice of sale on homeowner at least 10 days but not more than 30 days before sale. |
| Reinstatement of loan before sale | Allowed until one day before sale date, if homeowner pays foreclosing party the amount due plus costs and fees |
| Redemption after sale | Homeowner may go to court and request redemption. |
| Special protections for foreclosures involving high-cost mortgages | None |
| Special state protections for service members | Md. Code Ann. [Pub. Safety] § 13-705 |
| Deficiency judgments | Foreclosing party may request this of the supervising court after the sale |
| Cash exempted in bankruptcy | $6,000 for one person, $12,000 for a married couple |
| Notice to leave after house is sold | No special provisions for evictions following foreclosure. New owner will likely have to go to court to get an eviction order. Court-ordered evictions usually take two weeks to a month, depending on whether or not former owner responds to the lawsuit. |
| Foreclosure statute | Md. Code Ann. [Real Prop.] § 7-105 |