- Who sends it
- The circuit court clerk, after the trustee files a report of sale
- What it starts
- 30 days to file exceptions to the sale, then ratification and the court auditor's account
- Do this first
- Write down the date on the notice and call the Maryland Court Help Center at 410-260-1392
What this notice is in Maryland
Maryland requires the court to approve, or ratify, a foreclosure sale. After the auction the trustee files a report of sale, and the clerk issues a notice saying the sale will be ratified unless cause to the contrary is shown within 30 days. The Appellate Court of Maryland has described this notice and the 30-day period under Md. Rule 14-305.
The state regulator says that if no exceptions are filed, or if they are overruled, the court ratifies the sale, and that ratification is needed before title transfers to the buyer.
How to count the 30 days
- The Appellate Court of Maryland reads Rule 14-305(d)(1) to require exceptions within 30 days after the date of the clerk's notice, or after the report of sale is filed if no notice was issued. Count from the date printed on the notice, not the day you got it.
- Late exceptions can be struck. In one 2021 case, the court refused to consider amended exceptions filed after the 30 days ran out.
- A hearing on exceptions is up to the judge. Put every reason in writing in your exceptions.
- Exceptions are about how the sale was done, such as notice or advertising problems. Defenses to the lender's right to foreclose are meant to be raised in a motion before the sale, so tell your lawyer about both.
What happens after ratification
- Maryland has no right to buy the home back after the sale.
- A court auditor states an account showing how the sale money is divided. You are entitled to a copy. Watch for it, because it shows any surplus or shortfall.
- If there is money left over, you can file an application in the case for payment from the surplus, and you can file exceptions to the auditor's report. Later lien holders are paid before you. See Maryland foreclosure surplus funds.
- If the sale did not cover the debt, the lender has 3 years after the auditor's report is finally ratified to ask for a deficiency judgment. See Maryland deficiency judgments.
- A claim that the lender broke the foreclosure rules in § 7-105.1 must be brought within 3 years after the order ratifying the sale (§ 7-105.1(q)).
- The buyer must still get a court judgment awarding possession before you can be evicted. See the Important Eviction Notice.
What to do this week
- Get a copy of the trustee's report of sale from the circuit court clerk. It shows the sale price and the buyer.
- Call the Court Help Center at 410-260-1392 or Maryland Legal Aid at 888-213-3320 if you think the sale was not done fairly or properly.
- Keep your address current with the court so you receive the auditor's report.
- Start planning where you will live. The state regulator says eviction can come as soon as 15 days after ratification.
- Read after a foreclosure sale in Maryland.
Surplus scams
Maryland calls a deal to buy your share of the surplus a foreclosure surplus acquisition. It must be a written contract with a Notice of Rescission, and you can cancel it within 10 days after the auditor states the account. You can claim surplus yourself in the court case without paying anyone.
The rest of the Maryland process
See how foreclosure works in Maryland, the timeline, ways to stop it and free help in Maryland.
Common questions
How long do I have to object to a Maryland foreclosure sale?
Exceptions must be filed within 30 days after the date of the clerk's notice of the report of sale, as the Appellate Court of Maryland has applied Md. Rule 14-305(d)(1). Late exceptions can be struck.
Does the buyer own my Maryland home right after the auction?
No. The court must ratify the sale first. The state regulator says ratification is necessary before title transfers to the purchaser.
Can I buy my home back after a Maryland sale is ratified?
No. Maryland does not give a right to redeem after the sale. Your last chance to keep the home by paying was up to 1 business day before the auction.
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.
- 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.
- 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.
Sources
- Appellate Court of Maryland, appeal of Mohammed I. Khan from ratification of a foreclosure sale, No. 782, Sept. Term 2020 (unreported, Nov. 2, 2021), applying Md. Rule 14-305(d)(1)
- Md. Code, Real Property § 7-105.1 (Maryland General Assembly)
- Maryland Office of Financial Regulation: Maryland's Mortgage Foreclosure Process
- Maryland Courts: Court Help Center