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09.03.12.00.htm
| 09.03.12.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION Chapter 12 Foreclosure Procedures for Residential Property Authority: Real Property Article, §7-105.1 and 7-105.14, Annotated Code of Maryland |
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09.03.12.01.htm
| 09.03.12.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Addressed envelope” means:. a) An envelope that is preprinted with the address where it should be delivered;. b) An envelope that contains a label with a preprinted address where it should be delivered; or. c) An envelope with a window that will accommodate a visible preprinted cover page that contains an address where the envelope should be delivered wit |
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09.03.12.02.htm
| 09.03.12.02. 02 Notice of Intent to Foreclose.. A. Subject to §E and F of this regulation, a person required to send a notice of intent to foreclose under Real Property Article, §7-105.1, Annotated Code of Maryland, shall send a notice of intent to foreclose, which shall fully conform with §B, C, or D of this regulation.B. Owner-Occupied Residential Property.. 1) Subject to §C of this regulation, a notice of intent to foreclose on owner-occupied residential property shall be in a for |
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09.03.12.03.htm
| 09.03.12.03. 03 Preliminary Loss Mitigation Affidavit.. A. Subject to §B of this regulation, a preliminary loss mitigation affidavit required by Real Property Article, §7-105.1(h)3) Annotated Code of Maryland, and this chapter shall be in a form substantially similar to that in Appendix D of this chapter.B. The secured party, or representative of the secured party, shall include all information required in the form provided for under §A of this regulation in the spaces indicated by blank lines. |
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09.03.12.04.htm
| 09.03.12.04. 04 Final Loss Mitigation Affidavit.. A. Subject to §B of this regulation, a final loss mitigation affidavit required by Real Property Article, §7-105.1(h)4) Annotated Code of Maryland, and this chapter shall be in a form substantially similar to that in Appendix E of this chapter.B. The secured party, or representative of the secured party, shall include all information required in the form provided for under §A of this regulation in the spaces indicated by blank lines. |
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09.03.12.05.htm
| 09.03.12.05. 05 Postfile Foreclosure Mediation.. A. Subject to §B of this regulation, a request for postfile mediation required by Real Property Article, §7-105.1(h)4) Annotated Code of Maryland, and this chapter shall be in a form substantially similar to that in Appendix F of this chapter.B. The secured party, or representative of the secured party, shall include all information required in the form provided for under §A of this regulation in the spaces indicated by blank lines. |
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09.03.12.06.htm
| 09.03.12.06. 06 Loss Mitigation Application and Instructions.. A secured party, or representative of the secured party, that does not have its own loss mitigation application shall use a loss mitigation application in a form substantially similar to that in Appendix G of this chapter.Click here to view ALL Appendices referenced in this chapter.. |
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09.03.12.07.htm
| 09.03.12.07. 07 Addressed Envelope.. A. The following addressed envelopes are required by this chapter and shall be in the form and include the information set forth in this regulation.B. Required Addressed Envelopes.. 1) An addressed envelope accompanying the Notice of Intent to Foreclose shall be directed to the person responsible for conducting loss mitigation analysis on behalf of the secured party (the person may be an individual, a group of individuals, or a department such as a “los |
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09.03.12.08.htm
| 09.03.12.08. 08 Notice of Filing.. A. Notice of Filing to Accompany a Preliminary Loss Mitigation Affidavit.. 1) A form substantially similar to that in Appendix H-1 of this chapter shall be used to comply with the notice of filing requirement when accompanying a preliminary loss mitigation affidavit, as well as an order to docket or complaint to foreclose, as required by Real Property Article, §7-105.1, Annotated Code of Maryland.2) The form used under this regulation to comply w |
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09.03.12.09.htm
| 09.03.12.09. 09 Prefile Mediation Process.. A. A borrower who elects to accept a secured party's offer to participate in prefile mediation in accordance with Real Property Article §7-105.1, Annotated Code of Maryland, shall send to the secured party or the identified representative of the secured party the completed and signed application for prefile mediation included in Schedule 1 to Appendix A-1 within 25 days after the date on which the notice of intent to foreclose was mailed by the s |
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09.03.12.10.htm
| 09.03.12.10. 10 Office of Administrative Hearings.. A. Borrower Information Worksheet and Instructions.. 1) With respect to a scheduled prefile mediation session, the Office of Administrative Hearings shall provide the Borrower(s) Information Worksheet and the instructions regarding the documents and information that must be provided by each party to the other and to the Office of Administrative Hearings in a form substantially similar to that in Appendix OAH-1 of this chapter. |
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09.03.12.11.htm
| 09.03.12.11. 11 Time.. In computing any period of time prescribed by this chapter, Maryland Rule 1-203 shall apply.. Click here to view ALL Appendices referenced in this chapter.. |
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09.03.12.12.htm
| 09.03.12.12. 12 Filing of Duplicate Forms.. Any affidavit, application, or other form submitted to a circuit court as required by this chapter may be a duplicate of the original affidavit, application, or other form.Click here to view ALL Appendices referenced in this chapter.. |
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09.03.12.9999.htm
| 09.03.12.9999. Administrative History Effective date: December 29, 2008 (35:26 Md. R. 2248). Regulation .01B amended effective March 15, 2010 (37:5 Md. R. 428). Regulation .02A amended effective March 15, 2010 (37:5 Md. R. 428) ―. Chapter revised as an emergency provision effective July 1, 2010 (37:15 Md. R. 986) emergency provision extended to 6/24/2011 (38:2 Md. R. 79) emergency provision extended to 11/24/2011 (38:14 Md. R. 787)Regulation .02C amended as an emergency provision |
