Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION
Chapter 09.03.12 - Foreclosure Procedures for Residential Property
Section 09.03.12.07 - Notice of Foreclosure Action
Universal Citation: MD Code Reg 09.03.12.07
Current through Register Vol. 51, No. 19, September 20, 2024
A. Notice of Foreclosure Action to Accompany a Preliminary Loss Mitigation Affidavit.
(1) A form substantially similar to that in
Appendix H-1 of this regulation shall be used to comply with the notice of
filing requirement when accompanying a preliminary loss mitigation affidavit,
as well as an order to docket or complaint to foreclose, as required by Real
Property Article, §7-105.1, Annotated Code
of Maryland.
(2) The form used
under this regulation to comply with the notice of filing requirement to
accompany a preliminary loss mitigation affidavit shall be the first in the
sequence of papers and documents in the packet sent to the borrower.
(3) The preliminary loss mitigation affidavit
shall be the second in the sequence of papers and documents in the packet sent
to the borrower and shall be directly behind the form used under this
section.
(4) The remainder of the
papers and documents in the packet sent to the borrower may be in any other
sequence.
(5) The sequence
requirements of §A(2) and (3) of this regulation apply only to the papers
and documents sent to the borrower.
B. Notice of Foreclosure Action to Accompany a Final Loss Mitigation Affidavit.
(1) A form
substantially similar to that in Appendix H-2 of this regulation shall be used
to comply with the notice of filing requirement when accompanying a final loss
mitigation affidavit and the form used under this chapter to request postfile
mediation, as well as an order to docket or complaint to foreclose, as required
by Real Property Article, §7-105.1, Annotated Code
of Maryland.
(2) The form used
under this section to comply with the notice of filing requirement to accompany
a final loss mitigation affidavit shall be the first in the sequence of papers
and documents in the packet sent to the borrower, and shall be on yellow
paper.
(3) The form used under this
chapter to request postfile mediation shall be the second in the sequence of
papers and documents in the packet sent to the borrower and shall be directly
behind the form used under this section.
(4) The final loss mitigation affidavit shall
be the third in the sequence of papers and documents in the packet sent to the
borrower and shall be directly behind the form used under this chapter to
request postfile mediation.
(5) The
remainder of the papers and documents in the packet sent to the borrower may be
in any other sequence.
(6) The
sequence requirements of §B(2), (3), and (4) of this regulation apply only
to the papers and documents sent to the borrower.
C. Notice of Foreclosure Action with Respect to Borrowers Who Have Participated in Prefile Mediation.
(1) A form substantially similar to that in
Appendix H-3 of this regulation shall be used to comply with the notice of
filing requirement when accompanying an order to docket or complaint to
foreclose for owner-occupied residential property with respect to which the
borrower has participated in prefile mediation that has not resulted in a
prefile mediation agreement, as required by Real Property Article,
§7105.1, Annotated Code of Maryland.
(2) A form substantially similar to that in
Appendix H-4 of this regulation shall be used to comply with the notice of
filing requirement when accompanying an order to docket or complaint to
foreclose for owner-occupied residential property with respect to which the
borrower has participated in prefile mediation that has resulted in a prefile
mediation agreement, as required by Real Property Article, §7-105.1, Annotated Code
of Maryland.
D. Notice of Foreclosure Action for Non Owner-Occupied Properties. A form substantially similar to that in Appendix H-5 of this regulation shall be used to comply with the notice of foreclosure action requirement when accompanying an order to docket or complaint to foreclose with respect to a property that is not an owner-occupied residential property, as required by Real Property Article, §7105.1, Annotated Code of Maryland.
E. Notice of Foreclosure Action Based on a Certificate of Vacancy or a Certificate of Property Unfit for Human Habitation.
(1) A
form substantially similar to that in Appendix H-6 of this regulation shall be
used to comply with the notice of filing requirement when accompanying an order
to docket or complaint to foreclose based on a certificate of vacancy or a
certificate of property unfit for human habitation pursuant to Real Property
Article, §7-105.13, Annotated
Code of Maryland.
(2) The form used
under this section to comply with the notice of filing requirement based on a
certificate of vacancy or a certificate of property unfit for human habitation
shall be the first in the sequence of papers and documents in the packet sent
to the borrower, and shall be on yellow paper.
(3) The form used under this chapter to
describe the procedure to challenge a certificate of vacancy or certificate of
property unfit for human habitation shall be the second in the sequence of
papers and documents in the packet sent to the borrower and shall be directly
behind the form used under this section.
(4) The form used under this chapter to make
a challenge to a certificate of vacancy or certificate of property unfit for
human habitation shall be the third in the sequence of papers and documents in
the packet sent to the borrower and shall be directly behind the form used to
describe the procedure to challenge a certificate of vacancy or certificate of
property unfit for human habitation.
(5) The remainder of the papers and documents
in the packet sent to the borrower may be in any other sequence.
(6) The sequence requirements of §E(2),
(3), and (4) of this regulation apply only to the papers and documents sent to
the borrower.
F. Notice of Foreclosure Action with Respect to Properties Found to Be Vacant and Abandoned. A form substantially similar to that in Appendix H-6 of this regulation shall be used to comply with the notice of filing requirement when accompanying an order to docket or complaint to foreclose with respect to a property that is vacant and abandoned.
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