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 with the notice of filing requirement to accompany a preliminary loss mitigation affidavit shall be the first in the sequence of papers and documents in the packet sent to the borrower.

(3) The preliminary loss mitigation affidavit shall be the second in the sequence of papers and documents in the packet sent to the borrower and shall be directly behind the form used under this section.

(4) The remainder of the papers and documents in the packet sent to the borrower may be in any other sequence.

(5) The sequence requirements of §A(2) and (3) of this regulation apply only to the papers and documents sent to the borrower.

B. Notice of Filing to Accompany a Final Loss Mitigation Affidavit.

(1) A form substantially similar to that in Appendix H-2 of this chapter shall be used to comply with the notice of filing requirement when accompanying a final loss mitigation affidavit and the form used under this chapter to request postfile mediation, 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 section to comply with the notice of filing requirement to accompany a final loss mitigation affidavit shall be the first in the sequence of papers and documents in the packet sent to the borrower, and shall be on yellow paper.

(3) The form used under this chapter to request postfile mediation shall be the second in the sequence of papers and documents in the packet sent to the borrower and shall be directly behind the form used under §A of this regulation.

(4) The final loss mitigation affidavit shall be the third in the sequence of papers and documents in the packet sent to the borrower and shall be directly behind the form used under this chapter to request postfile mediation.

(5) The remainder of the papers and documents in the packet sent to the borrower may be in any other sequence.

(6) The sequence requirements of §B(2), (3), and (4) of this regulation apply only to the papers and documents sent to the borrower.

C. Notice of Filing with Respect to Borrowers Who Have Participated in Prefile Mediation.

(1) A form substantially similar to that in Appendix H-3 of this chapter shall be used to comply with the notice of filing requirement when accompanying an order to docket or complaint to foreclose for owner-occupied residential property with respect to which the borrower has participated in prefile mediation that has not resulted in a prefile mediation agreement, as required by Real Property Article, §7-105.1, Annotated Code of Maryland.

(2) A form substantially similar to that in Appendix H-4 of this chapter shall be used to comply with the notice of filing requirement when accompanying an order to docket or complaint to foreclose for owner-occupied residential property with respect to which the borrower has participated in prefile mediation that has resulted in a prefile mediation agreement, as required by Real Property Article, §7-105.1, Annotated Code of Maryland.

D. Notice of Filing for Non Owner-Occupied Properties. A form substantially similar to that in Appendix H-5 of this chapter shall be used to comply with the notice of filing requirement when accompanying an order to docket or complaint to foreclose with respect to a property that is not an owner-occupied residential property, as required by Real Property Article, §7-105.1, Annotated Code of Maryland.

E. Notice of Filing with Respect to Properties Found to Be Vacant and Abandoned. A form substantially similar to that in Appendix H-6 of this chapter shall be used to comply with the notice of filing requirement when accompanying an order to docket or complaint to foreclose with respect to a property that is vacant and abandoned.

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