Residential Property Foreclosures (Information and Procedures) - Financial Regulation
Last reviewed/updated: March 1, 2023
The Office of the Commissioner of Financial Regulation is responsible for the development and/or supervision of certain aspects of the foreclosure process involving residential property and receives certain notices and registrations related to the foreclosure process. Specifically, the Office promulgates regulations regarding the forms, sequence of documents, and certain processes to be used as part of the foreclosure process, including, but not limited to:
- the format and content of the Notice of Intent to Foreclose, the template loss mitigation application, the preliminary loss mitigation affidavit, the final loss mitigation affidavit, the notice to accompany the order to docket;
- the fee, notice, application and instructions for prefile mediation, and a mediation checklist that describes the matters that shall be reviewed and considered in a prefile mediation; and
- the request form for postfile mediation, the documents and information to be provided by each party to the mediation, and a mediation checklist that describes the matters that shall be reviewed and considered in a postfile mediation
Refer to Md. Code Ann., Real Prop. §§ 7-105.1 & 7-105.18.
Foreclosure Notices and Registrations
The Office administers Maryland’s Foreclosure Registration System, a web-based application for submission of those foreclosure-related notices and registrations that are mandated by Maryland law. Specifically, the system allows authorized users to submit and/or search the following foreclosure-related notices and registrations:
- The Notice of Intent to Foreclose is a warning notice to the homeowner that a foreclosure action could be filed against them in court, and it must be sent by certified and first-class mail to the homeowner no less than 45 days before a foreclosure action may be filed in court. Pursuant to Maryland law and regulation, a copy of the Notice of Intent to Foreclose must be electronically submitted to the Commissioner through the Foreclosure Registration System within 5 business days of mailing a Notice of Intent to Foreclose. The Commissioner does not accept submissions in any other manner. Filing a copy of the Notice of Intent to Foreclosure with the Commissioner must be accomplished before a party is authorized to file an action to foreclose a mortgage or deed of trust on residential property. Failure to comply with this requirement will subject a violator to the enforcement jurisdiction of the Commissioner. Refer to Md. Code Ann., Real Prop. §7-105.1(c) and COMAR 09.03.12.02.
- The Notice of Foreclosure provides specific information regarding residential property subject to a foreclosure and must be filed within 7 days of the filing of an order to docket or a complaint to foreclose a mortgage or deed of trust on the residential property. Refer to Md. Code Ann., Real Prop. §7–105.2.
- A Foreclosed Property Registration is intended to track owner contact information for foreclosed properties between the date of the foreclosure sale and recordation of the deed transferring the property to the new owner. The Foreclosed Property Registration contains contact information for the purchaser, the party responsible for maintenance of the property, and the entity authorized to accept legal service on behalf of the purchaser, in addition to other relevant information such as whether the property is known to be occupied, the date of the sale, and the date of court ratification.
This information is intended, in part, to allow local governments to address issues related to the property, such as code enforcement, nuisance abatement, property maintenance, law enforcement, public safety, public health, emergency services (fire, EMS), public policy (i.e. data collection to identify trends, develop policy responses, etc.), and the collection of relevant taxes. Within 30 days after a foreclosure sale of residential property, a foreclosure purchaser shall submit an Initial Registration ($50 filing fee if timely/$100 filing fee if late) and within 30 days after a deed transferring title to the residential property has been recorded, the foreclosure purchaser shall submit a Final Registration (no filing fee). Refer to Md. Code Ann., Real Prop. §7–105.14.
After Initial Registration, and within 21 business days of a change, a foreclosure purchaser must update its registration with any change in 1) the name and address of the person, including a substitute purchaser, who is authorized to accept legal service for the foreclosure purchaser, 2) if known, the occupancy/vacancy status of the property, 3) the name, telephone number, and street address of the person who is responsible for the maintenance of the property, and 4) the status of whether the foreclosure purchaser has possession of the property.
NOTE: Specific notice and registration information in the Foreclosure Registration System is generally confidential and is not public information. Maryland State and Local Government Officials may be authorized in their official capacity to view Notices of Foreclosure or Foreclosed Property Registrations (for their respective jurisdictions only) by establishing a Government User account in the Foreclosure Registration System. Additionally, a homeowner’s association or condominium in which a property in questions is located, or a person who owns property on the same block as a property in question, may request from the Office or local jurisdiction specific information related to a Notice of Foreclosure or Foreclosed Property Registration. See Md. Code Ann., Real Prop. §§ 7-105.2(c)(3) & 7-105.14(g)(3).
Except as noted above, the Office is prohibited from providing information regarding specific properties to the public. System users other than State and local government officials have access only those notices and registrations that they have submitted. The Office is not permitted to provide lists of foreclosed properties to the public.
For assistance regarding the Foreclosure Registration System, contact Office staff by email at FinReg.ForeclosureSystems@maryland.gov or by phone at 410-230-6245.
Laws, Rules, and Regulations
Persons participating in the foreclosure process are expected to be knowledgeable about and in compliance with Maryland residential foreclosure laws, and any other applicable State or Federal statutes, rules, and regulations. Maryland laws, rules, and regulations can be found by accessing the Annotated Code of Maryland and Rules and Code of Maryland Regulations (COMAR). Certain relevant Maryland laws, rules, and/or regulations include (Note: this is not a comprehensive list):
- Maryland Code, Real Property Article, Title 7, Subtitle1 (Mortgages and Deeds of Trust)
- Maryland Code, Real Property Article, Title 7, Subtitle1, Section 105 (Sales upon default; in general)
- Maryland Code, Real Property Article, Title 7, Subtitle1, Section 105.1 (Sales upon default; foreclosure procedures)
- Maryland Code, Real Property Article, Title 7, Subtitle1, Section 105.2 (Notice of foreclosure to be filed with Commissioner of Financial Regulation)
- Maryland Code, Real Property Article, Title 7, Subtitle1, Section 105.13 (Certificates of vacancy or unfitness for human habitation)
- Maryland Code, Real Property Article, Title 7, Subtitle1, Section 105.14 (Internet-based Foreclosed Property Registry)
- Maryland Code, Real Property Article, Title 7, Subtitle1, Section 105.18 (Foreclosure on vacant and abandoned residential property)
- Maryland Code, Real Property Article, Title 7, Subtitle 3 (Protection of Homeowners in Foreclosure Act)
- Maryland Rules, Title 14 (Sales of Property)
- COMAR 09.03.12 (Foreclosure Procedures for Residential Property)
- Foreclosure Forms Appendices to COMAR 09.03.12 (Unless otherwise indicated, all forms are downloaded as Microsoft Word documents):
- Appendix A – Notice of Intent to Foreclose (Owner-Occupied - No Prefile Mediation - Not Federally Related)
- Appendix A(f) – Notice of Intent to Foreclose (Owner-Occupied - No Prefile Mediation - Federally Related)
- Appendix A-1 – Notice of Intent to Foreclose (Owner-Occupied - Prefile Mediation - Not Federally Related)
- Appendix A-1 Schedule 1 – Prefile Mediation Packet (Not Federally Related)
- Appendix A-1 Schedule 2 – Loss Mitigation Packet (Not Federally Related)
- Appendix A-1(f) – Notice of Intent to Foreclose (Owner-Occupied - Prefile Mediation - Federally Related)
- Appendix A-1(f) Schedule 1 – Prefile Mediation Packet (Federally Related)
- Appendix A-1(f) Schedule 2 – Loss Mitigation Packet (Federally Related)
- Appendix B – Notice of Intent to Foreclose (Alternative-Other Liens)
- Appendix C – Notice of Intent to Foreclose (Not Owner-Occupied - Not Federally Related)
- Appendix C(f) – Notice of Intent to Foreclose (Not Owner-Occupied - Federally Related)
- Appendix D – Preliminary Loss Mitigation Affidavit
- Appendix E – Final Loss Mitigation Affidavit
- Appendix F – Request for Foreclosure Mediation (Instructions and Application)
- Appendix G – Loss Mitigation Application
- Appendix H – Appendices H1-H6 (Notice of Foreclosure Action)
- Appendix I – Secured Party Prefile Mediation Notification to OAH
- Appendix J – Procedure to Challenge Certificate of Vacancy
- Motion Template for Appendix J (PDF)
- Appendix OAH-1 – Prefile Foreclosure Mediation Instructions and Borrower Worksheet
- Appendix OAH-2 – Foreclosure Mediation Instructions and Borrower Worksheet
- Appendix OAH-3 – Foreclosure Mediation Checklist – Prefile Mediation
- Appendix OAH-4 – Foreclosure Mediation Checklist – Postfile Mediation
- Appendix OAH-5 – Borrower Certification of Housing Counseling
- Appendix OAH-6 – Secured Party Waiver of Housing Counseling