- Who sends it
- The lender's foreclosure attorney, either with the Order to Docket or later by first-class and certified mail
- What it starts
- 25 days to file a Request for Foreclosure Mediation, and the countdown to the earliest sale date
- Do this first
- Note the service or mailing date, then file the request with your county circuit court with the $50 fee or a waiver request
What this document is in Maryland
Under Md. Code, Real Prop. § 7-105.1(a)(3), a final loss mitigation affidavit certifies that the lender has made its final decision on loss mitigation and, if you were denied, explains why. A review is not treated as complete if it was denied only because the lender could not reach you or did not get your papers (§ 7-105.1(g)).
If it came with the Order to Docket, it was served with the case papers. If the case started with a preliminary affidavit, the final one must be filed at least 28 days after service and mailed to you by first-class and certified mail at least 30 days before any sale, together with the mediation request form (§ 7-105.1(i)).
How to count your 25 days
- If the final affidavit came with the Order to Docket, the 25 days start on the date you were served (§ 7-105.1(j)(1)(ii)).
- If it was mailed to you later, the 25 days start on the date it was mailed, not the day it arrived. Check the postmark and the certificate of service.
- The statute does not say business days, so plan on counting every calendar day and file well before day 25.
- File the request with the circuit court with a $50 fee. The court can reduce or waive the fee if you qualify under the Maryland Legal Services guidelines. Mail a copy to the lender's foreclosure attorney.
- If the lender files a motion to strike your request, you have 15 days to file a response, and you must mail a copy to the foreclosure attorney (§ 7-105.1(j)(3)).
What happens after you file
- The court sends your request to the Office of Administrative Hearings within 5 days. OAH must hold the mediation within 60 days, and can extend that by up to 30 days for good cause (§ 7-105.1(k)).
- OAH mails a Notice of Mediation listing the documents each side must exchange at least 20 days before the session. OAH holds mediations remotely on Webex, by computer or phone.
- You must attend. You may bring a housing counselor and a lawyer. The lender's representative must have authority to settle or be able to reach someone who does.
- If you need a postponement, OAH says the written request must reach it at least 5 business days before the session.
- If you do not appear, the sale can go forward. If the lender does not appear, the case goes back to the circuit court, which may dismiss it.
- With no agreement, the sale can be set no sooner than 15 days after the session, and you can file a motion to stay the sale within 15 days giving specific reasons loss mitigation should have been granted (§ 7-105.1(m), (n)).
What to do this week
- Read the denial reasons in the affidavit. Wrong income figures or missing documents are worth raising in mediation.
- Call Maryland Legal Aid at 888-213-3320 or the Court Help Center at 410-260-1392 for help filling out the request and a fee waiver.
- Call DHCD at 877-462-7555 for a free housing counselor who can prepare your papers and attend with you.
- Read the Maryland foreclosure mediation page and our national mediation notice page.
Scam warnings
Mediation through the courts costs $50 or less with a waiver. No one needs to be paid to file the request for you. Maryland bars foreclosure consultants from collecting any pay before every promised service is done. See is this letter a scam.
The rest of the Maryland process
See how foreclosure works in Maryland, the timeline, ways to stop it and free help in Maryland, or read the national guide to this letter.
Common questions
What happens if I miss the 25-day deadline for Maryland foreclosure mediation?
The state housing department says you will not get another chance for mediation. You can still work with your servicer, file a motion to stay if you have a defense, and cure the default up to 1 business day before the sale.
Can I get the $50 Maryland mediation fee waived?
Yes, if you qualify. Md. Code, Real Prop. § 7-105.1(j) lets the court reduce or waive the fee under the Maryland Legal Services guidelines. Ask the Court Help Center or legal aid how to request it.
Can my lender block my Maryland mediation request?
It can file a motion to strike with an affidavit explaining why mediation is not appropriate. The law presumes an owner-occupant is entitled to mediation unless good cause is shown or a prefile mediation agreement gave up that right. You have 15 days to respond.
Does asking for mediation delay a Maryland sale?
Yes. If you request mediation, the sale cannot happen until at least 15 days after the session is held, or after OAH files its report if no session is held.
Other Maryland letters
- Notice of Intent to ForecloseMaryland law requires your lender to send a Notice of Intent to Foreclose at least 45 days before it files a foreclosure case. It must state the amount needed to catch up and, if you live in the home, come with a loss mitigation application. It is a warning, not a court case, and it is a good time to apply for help.
- Order to DocketThe Order to Docket is the paper that opens a Maryland foreclosure case in the circuit court for your county. There is no trial and no answer deadline like an ordinary lawsuit, so the case moves forward unless you act. What you need to do next depends on whether it came with a preliminary or a final loss mitigation affidavit.
- Notice of the time, place and terms of the foreclosure saleBefore a Maryland foreclosure auction, the person running the sale must mail you the time, place and terms of the sale 10 to 30 days ahead, and advertise it in a newspaper for 3 weeks. A separate Notice of Impending Foreclosure Sale goes to all occupants. You can still cure the default and reinstate up to 1 business day before the sale.
- Notice of Report of SaleAfter the auction, the trustee reports the sale to the circuit court and the clerk issues a notice that the sale will be ratified unless someone shows cause within 30 days. Filing exceptions in that window is your way to object to how the sale was done. Until the court ratifies the sale, title does not pass to the buyer.
- Important Eviction NoticeAfter a Maryland foreclosure sale is ratified, the buyer must get a court judgment awarding possession. Before trying to carry out the writ, the buyer must mail an Important Eviction Notice to all occupants giving the first date you could be evicted. Only a sheriff or constable can remove you.