- Who sends it
- The lender's foreclosure attorney or substitute trustees, after filing it in the circuit court, by personal service or by leaving it with an adult at your home
- What it starts
- The court case; no sale for at least 45 days after service, and a 25-day mediation clock if a final loss mitigation affidavit is attached
- Do this first
- Find the affidavit in the packet, write down the service date, and call Maryland Legal Aid or the Court Help Center
What this paper is in Maryland
The Order to Docket (sometimes called a Complaint to Foreclose) is the first court filing in a Maryland foreclosure. The state regulator says it is filed by the law firm for the servicer or lender. Under Md. Code, Real Prop. § 7-105.1(e), it must include an affidavit giving the date and nature of the default and stating that the Notice of Intent to Foreclose was sent and was accurate. It must also come with a copy of the mortgage or deed of trust, a statement of the debt, a copy of the note with an affidavit of ownership, and a preliminary or final loss mitigation affidavit.
Maryland does not hold a trial before the sale. A trustee or attorney holds the auction, and the court must later ratify the sale. If you want the court to stop the sale on legal grounds, you have to file something yourself.
How it must be served, and the notices that come with it
- Under § 7-105.1(h), the papers must be handed to you or left with a resident of suitable age at your home. If two good faith tries on different days fail, the lender can file an affidavit, mail the papers by certified and first-class mail, and post them on the home.
- A separate, clearly marked notice must explain what the Order to Docket means and list counseling and financial help.
- At the same time, a letter addressed to "all occupants" must arrive by first-class mail. Its envelope reads "IMPORTANT NOTICE TO ALL OCCUPANTS: FORECLOSURE INFORMATION ENCLOSED. OPEN IMMEDIATELY." It says a sale may happen any time after 45 days and explains renters' rights (§ 7-105.11(b)).
- If a preliminary loss mitigation affidavit is attached, the lender has not finished reviewing you, and a loss mitigation application must come with it. Send it back.
- If a final loss mitigation affidavit is attached and you live in the home, a request for foreclosure mediation form must come with it. See the final loss mitigation affidavit page.
How to count the deadlines
- Write down the date you were served. Most Maryland clocks run from service or from a later mailing.
- If the affidavit is final, your 25 days to ask for mediation start on the service date (§ 7-105.1(j)).
- If the affidavit is preliminary, the final one cannot be filed until at least 28 days after service, and it must be filed and mailed to you at least 30 days before any sale (§ 7-105.1(i)).
- If no mediation is held on an owner-occupied home, the sale cannot happen until the later of 45 days after service of a final affidavit or 30 days after one is mailed (§ 7-105.1(n)).
- You can cure the default and reinstate up to 1 business day before the sale (§ 7-105.1(p)).
What to do this week
- Call Maryland Legal Aid at 888-213-3320 or the Maryland Court Help Center at 410-260-1392 for free help with mediation, fee waivers and motions.
- Keep your mailing address current with the circuit court clerk so you get every notice. There is no automatic court date.
- If you have a defense, such as the lender not having the right to foreclose, ask legal aid about a motion to stay the sale and dismiss the case under Md. Rule 14-211. A late motion must explain why it is late, and the court can deny it without a hearing.
- Ask the lender's attorney in writing for the amount needed to reinstate. Under § 7-105.1(p), they must give it to you within a reasonable time when you ask.
- Read how long a Maryland foreclosure takes and our national summons and complaint page.
Scam warnings
Foreclosure filings are public, so letters offering to save your home often arrive right after the Order to Docket. Free help is available from DHCD counselors at 877-462-7555, the Court Help Center and legal aid. Never sign your deed over to anyone as part of a rescue plan. See 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
Do I have to file an answer to a Maryland Order to Docket?
Maryland foreclosures do not use the usual answer and trial before the sale. The case moves forward on its own unless you file something, such as a mediation request, a motion to stay the sale, or exceptions after the sale. Get help quickly so you do not miss a deadline.
What is the difference between a preliminary and a final loss mitigation affidavit?
A preliminary affidavit means the lender's review of you for alternatives is not finished, and it comes with an application. A final affidavit means the review is done and explains any denial. The final one starts your 25-day window to ask for mediation.
How soon can a Maryland foreclosure sale happen after the Order to Docket?
For an owner-occupied home with no mediation, not until the later of 45 days after you were served with a final loss mitigation affidavit or 30 days after one was mailed to you. If mediation is requested, not until 15 days after it is held or the Office of Administrative Hearings files its report.
What if no one was home when they tried to serve me?
After at least two good faith tries on different days, the lender can file an affidavit, mail the papers by certified and first-class mail, and post them on the home. Your deadlines can then run from that service, so open everything posted on your door.
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.
- 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.