Preliminary Injunction Form Foreclosure In Maryland
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You have the right to request mediation once the lender initiates foreclosure proceedings with the court system. Once that happens, the lender must send a "Request for Foreclosure Mediation" form. You will have 25 days to complete the form and file it with he Circuit Court to have your request for Mediation granted.
After the homeowner has gone 90 days of missing their mortgage payments, and it has been 45 days since the homeowner received the Notice of Intent to foreclose, the lender can file an Order to Docket with the Circuit Court in the county where the property is located.
To find the community mediation program nearest to you, please visit Community Mediation Maryland's web site at .mdmediation, or call our office at 410-260-1676 or 1-866-940-1729 and we will be happy to provide you with that information.
Foreclosure sale Homeowner may file a motion to stay or dismiss under Maryland Rule 14-211 if they have a valid defense on why the lender does not have the right to foreclosure on their home. The motion to stay must be filed within 15 days after the mediation is held.
In Maryland, a foreclosure may be reversed in certain cases, such as if the foreclosure process had procedural errors or if the homeowner can reinstate the mortgage by paying the past-due amount.
A reinstatement is the simplest solution for a foreclosure, however it is often the most difficult.
Challenge the sale of your home by filing exceptions with the court within 30 days of the sale. Exceptions are limited to problems in how the home was sold. If you would like to consider exceptions, talk to a lawyer. The court must approve the sale.
You'll need to include a motion for a temporary restraining order (TRO) and preliminary injunction to enjoin (stop) a foreclosure sale while your claims are being litigated. Usually, homeowners also ask the court for a permanent injunction.
If the lender violates the statute of limitations, the foreclosure action can be dismissed on that basis alone, even if the foreclosure otherwise would be valid.
For homeowners facing immediate foreclosure, filing for bankruptcy or obtaining a temporary restraining order (TRO) can be effective solutions. Chapter 7 or Chapter 13 bankruptcy creates an “automatic stay,” which temporarily halts all collection activities, including foreclosure auctions.
