Right to a notice of intent to foreclose at least 45 days before filing
Md. Code, Real Prop. § 7-105.1(c)(1)–(4)
In plain words
Before a Maryland foreclosure can be filed on a home, the lender must send you a written notice of intent to foreclose at least 45 days ahead. The notice must state the amount needed to cure the default and reinstate the loan, and it comes with a loss-mitigation application and housing-counseling information. After filing, the sale must also be advertised and you must be mailed notice before it.
Who is protected
Mortgagors and record owners of Maryland residential property.
When it applies
- Only in Maryland.
- Only while you are behind but have no foreclosure notice yet or after a notice of default.
What you can do
Put the deadline on your calendar
Use these weeks to send the loss-mitigation application back complete.
Deadline: 45 days from the notice of intent to foreclose
Open the toolAsk in writing
Return the loss-mitigation application with all documents and keep proof of delivery.
Open the toolRead the Maryland guide
Our Maryland page explains the whole process step by step, with its sources and free local help.
Open the tool
Honest limits
- The notice does not stop the process by itself; it starts the clock.
- 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
- State lawNotice of intent to foreclose
Md. Code, Real Prop. § 7-105.1(c)(1)–(4)
Exact part: (c)(1)–(4)
What it says: At least 45 days before filing, the secured party must send a notice of intent to foreclose stating the amount to cure and reinstate.
Read the official texthttps://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=7-105.1&enactments=false
Court cases
- Homeowner lostSame topicMartins 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 topicWells 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 topicLage v. Ocwen Loan Servicing LLC
Lage v. Ocwen Loan Servicing LLC, 839 F.3d 1003 (11th Cir. 2016)
a servicer's duty to evaluate a loss-mitigation application depends on its being submitted more than 37 days before the sale date scheduled at that time
- Homeowner lostSame topicGresham v. Wells Fargo Bank, N.A.
Gresham v. Wells Fargo Bank, N.A., 642 F. App'x 355 (5th Cir. 2016) (per curiam) (unpublished)
the federal dual-tracking bar applies only when the servicer receives a complete loss-mitigation application more than 37 days before the foreclosure sale
- Homeowner lostSame topicBoren 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 topicWhittier 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
Right to request foreclosure mediation — usually within 25 days of service
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.
Read this rightRight to ask the court to stop the sale or to object to it
Md. Rule 14-211
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.
Read this rightFHA loans: a meeting before foreclosure
24 C.F.R. § 203.604(a)(1)
If you have an FHA-insured mortgage, your lender must meet with you — or make a reasonable effort to arrange a meeting — before three full monthly payments are unpaid and at least 30 days before starting foreclosure. A reasonable effort means at least two verifiable attempts to contact you. HUD now decides how the meeting may be held.
Read this rightFHA loans: the lender must look at ways to avoid foreclosure
24 C.F.R. § 203.605(a)
If you have an FHA-insured mortgage, your lender must review loss-mitigation options every month before four full payments are unpaid, and take the appropriate action. FHA options can include special forbearance, loan modification, a partial claim (an interest-free second loan from HUD to cover arrears), a pre-foreclosure sale, or a deed in lieu.
Read this rightNo foreclosure filing until you are more than 120 days behind
12 C.F.R. § 1024.41(f)(1)
Your servicer cannot make the first notice or filing to start a foreclosure until your loan is more than 120 days delinquent. This gives you time to apply for help. There are narrow exceptions, such as a due-on-sale violation.
Read this rightNo foreclosure while your complete application is being reviewed ("dual tracking")
12 C.F.R. § 1024.41(f)(2)
If you send a complete application for help before the foreclosure is started, the servicer cannot start the foreclosure until it has decided and any appeal is over. If you send it after the foreclosure started but more than 37 days before the sale, the servicer cannot ask for a foreclosure judgment or order of sale, or hold the sale, until it has finished the review — unless you are denied and the appeal is over, you reject the offers, or you do not follow an agreement.
Read this right