Foreclosure Auction in Maryland?

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Frequently Asked Questions

An Overview Of Foreclosure Defense And Chapter 13 Bankruptcy

The first step in foreclosure is first a few missed payments and then the mortgage companies have to send a letter to the Department of Labor and Licensing and Regulation. The letter is called a Notice of Intent to Foreclose. When they do that, they’ll also have to send a copy over to you. You’ll get a notice from the State of Maryland saying, “You’re behind in your mortgage and if you don’t do something, then they’re going to file a foreclosure”. They’ll have to wait about 45 days before they can file the actual foreclosure in the courthouse and at that point, it’ll become a public record.

A Brief Description of the Process of Foreclosure in the State of Maryland

In Maryland, on the day of the auction, they’ll have the auction and in most cases, it goes back to the bank because there’s no equity in the house. At that date, you’ll lose all interest in the house except you retain what’s called the right of possession in Maryland. That means you have the right to stay and occupy the house. In order for the mortgage company or whoever buys the house to get possession, they’ll have to file a writ of possession with the court and have the court issue a writ of possession. Then they’ll have to take that to the sheriff of whatever county you live in. Then the sheriff come will out and notify you of a date when he’s going to do the eviction. On that day, they will come and actually do the eviction. Fortunately, in Maryland, you have about 60 to 90 days after a foreclosure before you would have to move out of the house.

An Individual Must Be At Least 90 Days in Default Before a Bank Can File the Notice of Intent to Foreclose

You have to be at least 90 days in default before they can file the notice of intent to foreclose. Once they send a notice of intent to foreclose, they can actually file the foreclosure in the courthouse until 45 days after that date.

The Timeframe of Completion From the Notification to the Auction in a Foreclosure

At that point, the mortgage company has to file what’s called either a preliminary or a Final Loss Mitigation Affidavit. In Maryland, you also have a right to file for mediation. Sometimes they’ll file a Final Loss Mitigation at the same time they file the foreclosure and sometimes they’ll file it later on. Either one of those affidavits, basically it’s the efforts that Mortgage Company has made to work out the foreclosure with you before filing. And once they’ve filed the Final Loss Mitigation, they’re basically telling the court that, “Hey, we’ve done what we can to try to work this out and we’re unable to”. In Maryland, you can apply for mediation and the mortgage company will have to send their representative down to a meeting with you and a mediator.

They basically talk about various options you may have to either hold on your house or walk away from that house depending on the situation. But it’s a minimum of 68 days from the time they file the foreclosure auction when they can actually have an auction on the property. Unless the case is filed and they’ve filed a Final Loss Mitigation Affidavit and if they advertise the property three times in a newspaper, generally a local newspaper. After it’s advertised 3 times, once a week for three weeks, then they can actually set you up for a foreclosure auction. If you want to hold on to the house, that’s the date that you have to act by.

Word From Our Clients

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Belinda LindaBelinda Linda
14:40 03 Mar 22
I absolutely received wonderful service from this Law Office . Ken Bond and Susan Mays have been amazing through the whole process. Ken walked me through each step in the beginning, organizing my case , being flexible and always quick responding to any of my concerns .Susan Mays doesn’t play games in the court room, She is straight forward and is highly intelligent in her skills as a litigator .This is my 2nd time working with this law firm . Jim Logan knows his stuff and makes everything simplified for you to understand. I really wish it more stars to give this law office . Just an amazing team overall.
Al RiddickAl Riddick
19:00 15 Feb 22
The folks at the law firm have always been responsive to my questions and concerns. They also continue to work with me to make my situation better. The occasional email to check with me to see how I’m doing is nice. Special thanks to Ken Bond who has been my main contact from the beginning and has answered all my questions and been there when I needed him
Lazaro QuinonesLazaro Quinones
03:57 04 Feb 22
I truly recommend this company for a stress free bankruptcy. Great staff that’s always available to answer any and all questions. Oh and the price was great ⭐️⭐️⭐️⭐️⭐️
June RossJune Ross
18:33 03 Feb 22
Overall great experience. Was nervous calling but by the initial call I was at ease. Every part of the process was explained and executed quickly. The people that helped me were extremely personable , thorough and overall very friendly. 10/10
Andrea BrinkleyAndrea Brinkley
21:45 01 Feb 22
This is the best lawyer's office ever, they are so professional compassionate and real care about their clients!!! They did what ever it took to fight for my case for years and still doing so as of now and I'm so grateful to have lawyers like them on my side!! I would definitely recommend them to all my family and friends!! And Ms Susan Mays is the best she really listens to you!! Thank you James R Logan firm!!!
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