Maryland public record
The Maryland foreclosure timeline, stage by stage.
This is the sequence Maryland law sets for residential foreclosure. Each stage below carries the statute or rule that governs it and the sentence it turns on, so you can read the source rather than take our word for it.
One rule governs this page: a number of days appears only where the cited subsection states it. Several stages in Maryland have no deadline written into them, and those are printed without a number rather than filled in with a figure from somewhere else.
Stage 01
Notice of Intent to Foreclose
At least 45 days before a case is filed
Before anything is filed in court, the secured party has to send the borrower and the record owner a written notice of intent to foreclose. It goes out by certified mail with a Postal Service postmark and by first-class mail, and a copy goes to the Commissioner of Financial Regulation. Nothing has been filed at this point and no case number exists yet.
“at least 45 days before the filing of an action to foreclose a mortgage or deed of trust on residential property, the secured party shall send a written notice of intent to foreclose to the mortgagor or grantor and the record owner”
Md. Code, Real Prop. § 7-105.1(c)(1) Stage 02
The earliest a case can be filed
The later of 90 days after default, or 45 days after the notice of intent
Two clocks run at once, and the case cannot be filed until the later of the two has finished. One runs from the default itself, the other from the day the notice of intent was sent.
“an action to foreclose a mortgage or deed of trust on residential property may not be filed until the later of: (i) 90 days after a default in a condition on which the mortgage or deed of trust provides that a sale may be made; or (ii) 45 days after the notice of intent to foreclose required under subsection (c) of this section is sent”
Md. Code, Real Prop. § 7-105.1(b)(1) Stage 03
Order to Docket or Complaint to Foreclose
The cited subsection states no deadline for this stage.
This is the filing that opens the court case, and it is the first moment the matter becomes a public record with a case number attached. It has to arrive with the original or a certified copy of the mortgage or deed of trust, a statement of the debt supported by affidavit, a copy of the debt instrument with an affidavit certifying who owns it, a copy of the notice of intent, a $450 filing fee, and a loss mitigation affidavit.
“An order to docket or a complaint to foreclose a mortgage or deed of trust on residential property shall: … Be accompanied by: (i) The original or a certified copy of the mortgage or deed of trust; (ii) A statement of the debt remaining due and payable supported by an affidavit…”
Md. Code, Real Prop. § 7-105.1(e)This subsection is a contents list and states no waiting period. The waiting period is in § 7-105.1(b)(1), above. Stage 04
Notice of Foreclosure to the Commissioner
Within 7 days of the filing
Once the case is filed, the party authorised to make the sale has to register it with the Commissioner of Financial Regulation. The notice carries the street address, the tax account number, whether the property is vacant, and the owner's name and contact details.
“Within 7 days of the filing of an order to docket or a complaint to foreclose a mortgage or deed of trust on a residential property by a person authorized to make the sale of the residential property, the person authorized to make the sale shall provide the Commissioner of Financial Regulation with a notice of foreclosure”
Md. Code, Real Prop. § 7-105.2(b)(1) Stage 05
Service on the record owner
The cited subsection states no deadline for this stage.
The papers have to be handed to the borrower and the record owner in person, or left with a resident of suitable age at the property. If two good-faith attempts on different days both fail, service is completed instead by certified and first-class mail together with a copy posted in a conspicuous place on the property itself.
“If on at least two different days a good faith effort was made to serve a borrower or record owner pursuant to section (a) of this Rule and service was not successful, the plaintiff shall effect service by (1) mailing, by certified and first-class mail, a copy of all papers filed to commence the action … and (2) posting a copy of the papers in a conspicuous place on the residential property.”
Md. Rule 14-209(a), (b)Rule text as adopted by Rules Order 203 (29 June 2020) and Rules Order 175 (11 March 2013). The rule states no deadline for effecting service; § (e)(1) requires only that the affidavit of service be filed before the date of the sale. Stage 06
The earliest a sale can happen
At least 45 days after service; longer for owner-occupied property
A sale cannot be held the moment a case is filed. The clock runs from the day the owner was served, not from the day of filing, and it runs longer when the property is owner-occupied. If postfile mediation is requested, the sale waits on that instead.
“A foreclosure sale of residential property may not occur until: (1) If the residential property is not owner-occupied residential property, at least 45 days after service of process is made under subsection (h) of this section; (2) If the residential property is owner-occupied residential property and foreclosure mediation is not held, the later of: (i) At least 45 days after service of process that includes a final loss mitigation affidavit … or (ii) At least 30 days after a final loss mitigation affidavit is mailed…”
Md. Code, Real Prop. § 7-105.1(n) Stage 07
Advertisement of the sale
Once a week for 3 successive weeks; first notice at least 15 days before the sale, last no more than 1 week before
The time, place and terms of the sale are published in a newspaper of general circulation in the county where the case is pending. This is the stage at which the sale becomes visible to anyone reading the paper, which is why it is often the first thing a neighbour notices.
“Notice of the sale of an interest in real property shall be published at least once a week for three successive weeks, the first publication to be not less than 15 days before the sale and the last publication to be not more than one week before the sale.”
Md. Rule 14-210(a); Md. Code, Real Prop. § 7-105.1(o)The rule and the statute state the same requirement. Rule text as reproduced in the Rules Committee's 160th Report and quoted by the Appellate Court of Maryland; statutory twin at Real Prop. § 7-105.1(o). Stage 08
Mailed notice of the sale date
Not earlier than 30 days and not later than 10 days before the sale
Separately from the newspaper, written notice of the time, place and terms of the sale is mailed to the record owner by certified mail with a return receipt and by first-class mail. Occupants get a first-class copy addressed to “All Occupants”.
“The notice shall state the time, place, and terms of the sale and shall be sent not earlier than 30 days and not later than 10 days before the date of sale.”
Md. Code, Real Prop. § 7-105.4(c)(2); Md. Rule 14-210(b) Stage 09
The right to cure
Up to 1 business day before the sale occurs
Maryland law lets the borrower cure the default and reinstate the loan right up to the day before the sale. This is a statutory right, not a negotiation.
“at any time up to 1 business day before the foreclosure sale occurs”
Md. Code, Real Prop. § 7-105.1(p)(1) Stage 10
The sale
The cited subsection states no deadline for this stage.
The auction is held at the time and place advertised. The sale is not final when the gavel falls — the buyer holds an inchoate interest until the court says otherwise, and the next three stages are what turn it into a transfer of title.
“As soon as practicable, but not more than 30 days after a sale, the person authorized to make the sale shall file with the court a complete report of the sale and an affidavit of the fairness of the sale and the truth of the report.”
Md. Rule 14-305Rule text as adopted by Rules Order 207 (8 July 2021). Stage 11
Report of sale and the clerk's notice
Report within 30 days of the sale; the clerk's notice runs 30 days
The person who conducted the sale files a report of it with the court, and the clerk then issues a notice describing the property and stating that the sale will be ratified unless cause to the contrary is shown. That notice is itself published once a week for three successive weeks.
“the clerk shall issue a notice containing a brief description sufficient to identify the property and stating that the sale will be ratified unless cause to the contrary is shown within 30 days after the date of the notice”
Md. Rule 14-305(a), (d)Rule text as adopted by Rules Order 207 (8 July 2021). Stage 12
Exceptions and ratification
Exceptions within 30 days of the clerk's notice
A party may file written exceptions setting out an alleged irregularity in the sale, and anything not raised in them is waived. If the time runs out with no exceptions, or exceptions are filed and overruled, and the court is satisfied the sale was fairly and properly made, the court ratifies it. Ratification is the point at which the sale becomes final.
“Exceptions shall be in writing, shall set forth the alleged irregularity with particularity, and shall be filed within 30 days after the date of a notice issued pursuant to section (d) of this Rule or the filing of the report of sale if no notice is issued.”
Md. Rule 14-305(e)(1), (f)Rule text as adopted by Rules Order 207 (8 July 2021).
Where to read more, from the state itself
These are state-run pages. We have no connection to either one and we are not describing them as something we do.
- Maryland Department of Housing and Community Development — Foreclosure PreventionThe state's own page, carrying the Maryland HOPE hotline number.
- Office of the Attorney General of Maryland — Consumer Protection DivisionThe state's consumer protection office, which publishes a Consumer's Edge bulletin on foreclosure scams.
If you would rather sell the property
An owner can sell a property while a case is pending, the same as at any other time, provided settlement happens before the sale date. We are a buyer making an offer on the property. We do not act on the case, the loan or the lender, and nothing on this page is advice about any of them.
Tell us the address and we will read the docket for it before we call. We work eleven Maryland counties, or call (410) 604-8350.