If you are facing foreclosure in Maryland, it’s important to understand some of the basics, including:
- the most common type of foreclosure procedure (judicial v. nonjudicial) used in Maryland
- how much time you have to respond
- your rights and protections in the process, and
- what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).
Below we have outlined some of the most important features of Maryland foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.
|Common type of foreclosure process||Nonjudicial under power of sale in deed of trust, but a court must ratify the sale
|Notice of the foreclosure||Foreclosing party must serve borrower with notice of intent to foreclose at least 45 days before starting foreclosure, along with mediation information if applicable. Service must be by first-class and certified mail, return receipt requested. The foreclosing party officially starts the foreclosure by filing an Order to Docket with the court and serving a copy to the borrower along with mediation information, if applicable. Foreclosing party must also publish notice for three consecutive weeks, with the last publication not more than 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|
|Redemption after sale||Redemption available until the court ratifies the sale
|Special protections for foreclosures involving high-cost mortgages||None|
|Special state protections for service members||Protections provided under the federal Servicemembers Civil Relief Act extended to members of the National Guard or Maryland Defense Force ordered to state military duty for a period of 14 consecutive days or longer. Md. Code Ann. [Pub. Safety] § 13-704|
|Deficiency judgments||Foreclosing party may file a motion for a deficiency judgment within three years after ratification of the auditor’s report|
|Cash exempted in bankruptcy||$6,000 for one person, $12,000 for a married couple|
|Notice to leave after house is sold||After the court ratifies the sale, the new owner (usually the foreclosing party) can obtain an order of possession from the court to evict the foreclosed homeowners|
|Foreclosure statute||Md. Code Ann. [Real Prop.] §§ 7-105 to 7-105.8|