Office of the Commissioner of Financial Regulation

 

Foreclosure Prevention Information

 

Since 2007, the O’Malley-Brown Administration has been committed to ensuring that hardworking Maryland families are treated fairly in the foreclosure process. Maryland has been at the forefront, aggressively combating foreclosure, working to preserve homeownership and stabilizing communities across the State through new laws, free support for homeowners with housing counselors, and pro bono lawyers as well as extensive outreach to families at risk of foreclosure.

Help for Homeowners

For Marylanders facing foreclosure, there is help available.

If you are a homeowner who is late on your mortgage payments or fear you may become unable to make payments in the near future, you should contact your mortgage company immediately.

Housing Counseling

HUD-approved, non-profit housing counselors are trained and certified to assist homeowners at risk of or facing foreclosure. Counselors are available to meet face-to-face or via phone to discuss your situation, evaluate your budget for a possible solution, and act as a liaison between you and your mortgage company.

To find a HUD approved, non-profit counselor near you, call the Maryland HOPE Hotline at 877-462-7555 or visit MD Hope.

Making Home Affordable
President Obama implemented the Making Home Affordable (MHA) program, which will help millions of responsible Americans lower their mortgage payments. For more information about the MHA program and eligibility requirements, visit: Making Home Affordable or Financial Stability.

Help with Utilities
For questions about your utility bills or to seek assistance with disputing bills, visit The Office of People's Counsel.

Renters Facing Eviction Due to Foreclosure

If you are renting, but know that the home you rent is in foreclosure, visit The Public Justice Center.

The Foreclosure Process and Mediation

The Governor has implemented a series of laws in response to the current foreclosure crisis. Beginning in 2008, with the passage of the foreclosure and lending reform bills, mortgage companies are now required to provide more meaningful notice to homeowners and more time is now allowed for homeowners to seek assistance and reach a resolution. Under the Maryland Foreclosure Mediation Law passed in 2010, Maryland homeowners facing foreclosure can meet, face-to-face, with their mortgage company to discuss options to avoid foreclosure.

The Foreclosure Process

  • Notice of Intent to Foreclose (NOI) is the initial notice required by law to be sent when you are behind on your mortgage payments. The Notice will include an application for loss mitigation (loss mitigation is the process your mortgage company will go through to review your mortgage for possible alternatives to foreclosure), a list of housing counselors available and an envelope to return the application. THIS IS NOT YET A FORECLOSURE FILING. A foreclosure action in court may only be filed against you at least 45 days after this notice was mailed.

  • A foreclosure action (called an Order to Docket-OTD) must be filed in court in order to move forward with foreclosure proceedings. It cannot be filed until your loan is 90 days past due, and 45 days after you have been sent an NOI.
  • Among other documents relating to the mortgage, the foreclosure filing will include one of the following affidavits*:

    1. Preliminary Loss Mitigation Affidavit (PLMA) will be filed with the OTD if the mortgage company has not started or completed the review of your loan for foreclosure alternatives, known as loss mitigation. An application for loss mitigation will be included in the OTD. Complete and return the application within 28 days; OR

    2. Final Loss Mitigation Affidavit (FLMA) will be filed if the mortgage company believes it has no available alternatives to foreclosure or you did not respond to the PLMA within 28 days. This affidavit will come with a "Request for Foreclosure Mediation." You will only have 25 days to request foreclosure mediation after you receive these documents. To request foreclosure mediation you must send the completed form with a non-refundable fee of $50 to the Circuit Court.

    * If your order to docket includes a Preliminary Loss Mitigation Affidavit, open all future mail because you may receive a Final Loss Mitigation Affidavit in as soon as 28 days.

Foreclosure Mediation:

You will have the opportunity to request foreclosure mediation after you receive the final loss mitigation affidavit. Foreclosure mediation is a face-to-face meeting with a representative from your mortgage company to discuss any options available to avoid foreclosure. An Administrative Law Judge, at the Office of Administrative Hearings, will mediate the case within 60 days of your request. The judge cannot make decisions, but will act as a neutral third party in an effort to help you and your mortgage company reach a resolution.

TO ACCESS FREE HOUSING COUNSELING SERVICES,
CALL THE MARYLAND HOPE HOTLINE AT
1-877-462-7555 OR GO TO MD HOPE.

 

An Important Message for Maryland Homeowners from Governor Martin O'Malley
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Avoid Becoming a Victim: Mortgage Fraud and Scams

If it sounds too good to be true, it probably is. The foreclosure crisis has led to an increase in foreclosure-related scams, including those that involve so-called loss-mitigation consultants and foreclosure rescue consultants. If you believe you may be the target or victim of a mortgage loan modification scam or a foreclosure rescue scam, trust your instincts and seek help. File a complaint with the Office of the Commissioner of Financial Regulation. For tips on spotting scam artists, visit the Federal Trade Commission's website on foreclosure rescue scams or NeighborWorks America's Loan Modification Scam Resource Center.

Loan Modification Scam Alert, phone 1-888-995-HOPE, www.LoanScamAlert.org


Maryland law is designed to protect homeowners from unscrupulous individuals wishing to take advantage of those in danger of losing their homes. KNOW YOUR RIGHTS!

  • There is never a fee to get assistance or information about the "Making Home Affordable Plan" from your lender or a HUD-approved housing counselor. Approved, non-profit counselors can be accessed through 1-877-462-7555.
     
  • Up-front fees are illegal under the Protection of Homeowners in Foreclosure Act ("PHIFA") and the Maryland Credit Services Business Act ("MCSBA"). These statutes also mandate other consumer protections, including requiring such companies to be licensed as Credit Services Businesses, subject to certain exemptions.
     
  • Beware of any person or organization asking you to pay up-front fees in exchange for providing mortgage counseling services or modification of a delinquent loan. Do not pay - walk away.
     
  • Do not believe guarantees. A reputable counselor will not guarantee that they can stop the foreclosure process, regardless of your circumstances. Working with a legitimate counselor can certainly increase your chances of keeping your home -- but be wary of people who promise a sure thing. Again, first get the details of your transaction and any related promises in writing before you enter into an agreement.
     
  • Beware of anyone who says they can "save" your home on the condition of you signing or transferring over the deed to your house. Do not sign over the deed to your property to any organization or individual unless you are working directly with your mortgage lender, or with your attorney.
     
  • Never submit your mortgage payments to anyone other than your mortgage lender without your mortgage lender's approval.

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