Tuesday, January 27, 2004

Step-by-Step Foreclosure in Maryland

The foreclosure process in Maryland can start as soon as you miss a payment, but actual eviction can take more than six months. The foreclosure doesn't necessarily end the previous owner's financial responsibility, however. The lender has up to three years to file for a deficiency judgment against the former owner if the house is sold at auction for less than the outstanding balance due on the loan. A deficiency judgment allows the lender to collect the difference in the auction price and the sales price at auction.

Instructions

    1

    Confirm the date of your last mortgage payment by checking your billing statement or bank records. Mortgage payments are expected by the due date; the mortgage can be considered in default if it's just one day late, according to the Maryland Department of Housing and Community Development.

    2

    Check your mail for a "Notice of Intent to Foreclose to Borrower." This notice is generally sent out within about 45 days of your missed payment. Before sending the notice, the lender will try reaching you by telephone and mail. The notice officially begins the foreclosure process. Along with the notice of intent, the lender is required by Maryland state law to send you information about requesting mediation counseling. The law entitles you to a mediation session, which will be directed by an independent third party with your lender participating. The goal is to discuss possible solutions for ending the foreclosure, such as a payment plan or loan modification. The Maryland Department of Housing and Community Development reports that you have 105 to 133 days from the date of your missed payment --- depending on the specifics of your foreclosure --- to request foreclosure mediation.

    3

    Request foreclosure mediation by following information received by your lender. The mediation session must be held within 170 days of your missed payment, according to the Maryland Department of Housing and Community Development.

    4

    Prepare for eviction at the 185-day mark if mediation fails and the lender proceeds with the foreclosure. After 185 days, the lender can officially foreclose on your home and schedule a sale of the property. Consult an attorney to consider filing for bankruptcy as a final effort to save your home.

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