- Who sends it
- The secured party (your lender or the company that holds the loan), usually through your servicer, by certified mail and first-class mail
- What it starts
- At least 45 days before a case can be filed, and no filing until 90 days after the default, whichever is later
- Do this first
- Fill out the loss mitigation application that came with it and call a free housing counselor at 877-462-7555
What this notice is in Maryland
Md. Code, Real Prop. § 7-105.1(c) says that at least 45 days before a foreclosure is filed on a home with 1 to 4 units, the secured party must send a written Notice of Intent to Foreclose to the borrower and the record owner. It must go by certified mail, return receipt requested, and also by first-class mail. A copy goes to the Commissioner of Financial Regulation, which uses the form the Commissioner prescribes. The state regulator says it mails its own outreach letter to homeowners who get one.
The notice must list the name and phone number of the lender, the servicer, and an agent who has authority to modify the loan. It must state the amount needed to cure the default and reinstate the loan, including past due payments, penalties and fees. It must recommend housing counseling, list nonprofit and government help, and explain the Maryland foreclosure process and timeline.
What comes with it if you live in the home
- A loss mitigation application, instructions for filling it out, and a phone number to call to confirm it arrived.
- A description of the loss mitigation programs the lender offers that may fit your loan.
- An addressed envelope to send the application back to the person who reviews it.
- If the lender offers prefile mediation, a notice and application for it. You must apply within 25 days after the notice was mailed and take part in housing counseling first. If you do prefile mediation, you may not get mediation after the case is filed unless your agreement says so.
- If the lender has decided the home is not owner-occupied, the notice must say so and give a phone number to contest that decision. Call it right away if you do live there, because mediation after filing is only for owner-occupied homes.
How to count the waiting periods
- Under § 7-105.1(b), the foreclosure case cannot be filed until the later of 90 days after the default or 45 days after the notice is sent. Count from the date the notice was sent, not the day you opened it. Keep the envelope with the postmark.
- Most loans are also covered by the federal rule that generally bars the first foreclosure filing until you are more than 120 days behind. The state regulator notes that most loans fall under this rule.
- A court can let the lender skip the notice and file early only in narrow cases, such as a loan obtained by fraud, a loan with no payments ever made, a destroyed property, or a vacant and abandoned home.
- Your right to catch up does not end with this notice. Under § 7-105.1(p), you can cure the default and reinstate the loan up to 1 business day before a foreclosure sale.
What to do this week
- Check the cure amount and the names and phone numbers in the notice. If something looks wrong, call the agent listed and follow up in writing.
- Fill out the loss mitigation application, send it back in the envelope provided, and call the number given to confirm it arrived. Keep copies of everything you send.
- Call the Department of Housing and Community Development at 877-462-7555 to reach a free HUD-approved housing counselor who can help with the application.
- If you want legal advice, call Maryland Legal Aid at 888-213-3320 or another provider on the DHCD county list.
- Read how a Maryland foreclosure works and how to stop a foreclosure in Maryland. The next paper you may get is the Order to Docket.
Scams that follow this notice
Maryland's Protection of Homeowners in Foreclosure Act bars foreclosure consultants from collecting any pay until every promised service is done, and bars them from taking a lien, a power of attorney or an interest in your home. DHCD warns against anyone who charges upfront fees, asks you to sign over your deed, or tells you to send payments somewhere other than your lender. Report scams to the Office of Financial Regulation at 1-888-784-0136 or the Attorney General's Consumer Protection Division at 410-576-6550. See is this letter a scam and Maryland foreclosure help.
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
How soon after a Maryland Notice of Intent to Foreclose can the lender file?
Not until the later of 45 days after the notice is sent or 90 days after the default (Md. Code, Real Prop. § 7-105.1(b)). For most loans, the federal 120-day rule also applies, so the filing usually comes later than that.
What should I do with the loss mitigation application in my Maryland notice?
Fill it out, send it back in the envelope that came with it, and call the phone number given to confirm it was received. The lender must review you before it can file a final loss mitigation affidavit, and it must explain any denial in that affidavit.
Does the Maryland Notice of Intent to Foreclose mean I have a court date?
No. It is a warning sent before any case is filed. No court case exists yet, and you can still cure the default up to 1 business day before any sale.
My Maryland notice says my home is not owner-occupied, but I live there. What now?
The notice must give you a phone number to contest that decision. Call it, follow up in writing with proof that you live there, and talk to a housing counselor or legal aid. Owner-occupied status matters because only owner-occupants can ask for foreclosure mediation after the case is filed.
Other Maryland letters
- 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.
- Final Loss Mitigation Affidavit and Request for Foreclosure MediationA final loss mitigation affidavit tells the court your lender has finished reviewing you for alternatives to foreclosure and explains any denial. If you live in the home, it comes with a Request for Foreclosure Mediation form. You have 25 days to file that request with the circuit court, and the state says you will not get another chance if you miss it.
- 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.