Maryland Amends Foreclosure Procedures for Residential Property

Maryland adopted rules amending foreclosure procedures for residential property. Under the adopted rules, a Notice of Intent to Foreclose expires and must be reissued in certain circumstances (including when a foreclosure action is not filed within 1 year of the date the Notice of Intent to Foreclose is issued, or when a foreclosure action is dismissed by an adjudicative body). The adopted rules also establish Notice of Foreclosure Action (Notice) requirements with respect to property subject to a Certificate of Vacancy or a Certificate of Property Unfit for Human Habitation (Certificate). The new requirements include a mandate with respect to the form of the Notice, and a requirement that the Notice be accompanied by form describing the procedure for challenging the Certificate and a form the borrower may use to challenge the Certificate. In addition, the adopted rules prohibit the filing of foreclosure action in the event a lender or servicer fails to appear at mediation (unless certain conditions are met), establish a duty of good faith and fair dealing in all foreclosure mediation sessions, and renumber several rules. The adopted rules become effective March 1, 2023.

Click to view the MD RA 125409: https://www.tenaco.com/wp-content/uploads/2023/02/MD-RA-125409-12-19-22-Official-Version.pdf

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