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Right to ask the court to stop the sale or to object to it

Md. Rule 14-211

In plain words

Maryland foreclosures are filed in circuit court even under a power of sale, and the court must approve (ratify) the sale. Before the sale you can file a motion to stay and dismiss if you have a valid defense. After the sale you can file written exceptions (objections) before the court ratifies it.

Who is protected

Borrowers and owners in a Maryland foreclosure case.

When it applies

  • Only in Maryland.
  • Only after a notice of default, once a sale date is set or after the foreclosure sale.
Check whether it applies to you

What you can do

  • Get ready for court

    Ask legal aid or the court self-help center about a motion to stay and dismiss, and about filing exceptions after a sale.

    Deadline: Short deadlines set by the Maryland Rules — check them as soon as you are served; exceptions are generally due about 30 days after the report of sale

    Open the tool
  • Compare your options

    Weigh a court challenge against mediation, a modification, or a sale.

    Open the tool

Honest limits

  • Courts require a specific, valid defense; a general hardship is not enough to stop a sale.
  • This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.

The law

  1. State court ruleMotion to stay and dismiss

    Md. Rule 14-211

    What it says: A borrower may move to stay the sale and dismiss the action, based on a valid defense.

    Read the official text
  2. State court ruleExceptions to the sale and ratification

    Md. Rule 14-305(d)

    Exact part: (d)

    What it says: Parties may file exceptions to the sale, generally within 30 days after the report of sale is filed.

    Read the official text

Court cases

  • Partial winCited for this right
    Wells Fargo Home Mortgage, Inc. v. Neal

    Wells Fargo Home Mortg., Inc. v. Neal, 398 Md. 705 (2007)

    an FHA borrower may raise a lender's failure to follow HUD servicing regulations to seek an injunction against foreclosure, though not as a damages claim

  • Homeowner lostSame topic
    Boren v. U.S. National Bank Ass'n

    Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)

    a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period

  • Homeowner lostSame topic
    Martins v. BAC Home Loans Servicing, L.P.

    Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)

    a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable

  • Partial winSame topic
    Reinagel v. Deutsche Bank National Trust Co.

    Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)

    a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable

  • Partial winSame topic
    Culhane v. Aurora Loan Services

    Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)

    a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful

  • Homeowner wonSame topic
    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.

    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)

    the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires

  • Homeowner lostSame topic
    Whittier v. Ocwen Loan Servicing, L.L.C.

    Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)

    a RESPA claim against a servicer fails without evidence of actual damages caused by the violation

Related rights

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Md. Code, Real Prop. § 7-105.1(j)(1)

If the Maryland home in foreclosure is your owner-occupied home, you can ask the court for “postfile” mediation with the lender before a neutral mediator. The request is generally due 25 days after you are served with the order to docket and the final loss-mitigation affidavit. There is a filing fee, which may be waived if you cannot afford it.

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U.S. Const. amend. XIV, § 1Due Process Clause

Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.

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50 U.S.C. § 3932(b)(1)

If you are in military service and get sued, the court must pause the case for at least 90 days if you ask and show that your duty keeps you from appearing. Before a court can enter a default judgment against you, the other side must file a sworn statement saying whether you are in the military, and the court may appoint a lawyer for you.

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U.S. Const. amend. XIV, § 1Due Process Clause

Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.

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The government cannot keep your home equity beyond the tax debt

U.S. Const. amend. VTakings Clause

If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.

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The automatic stay: filing bankruptcy pauses most collection

11 U.S.C. § 362(a)

When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.

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