Md. Code Ann., Real Prop. § 7-105.2
Redline — January 1, 2019 → current.View current text →
Current — January 1, 2020
As of January 1, 2019
(a) In this section, “record owner” means the person holding record title to property as of the later of:
(1) 30 days before the day on which a foreclosure sale of the property is actually held; and
(2) The date on which an action to foreclose the mortgage or deed of trust is filed.
(b) In addition to any notice required to be given by provisions of the Annotated Code of Maryland or the Maryland Rules, the person authorized to make a sale in an action to foreclose a mortgage or deed of trust shall give written notice of the proposed sale to:
(1) The record owner of the property to be sold; and
(2) A condominium or homeowners association that, at least 30 days before the date of the proposed sale, has recorded a statement of lien against the property under the Maryland Contract Lien Act.
(c) (1) The written notice shall be sent:
(i) By certified mail, postage prepaid, return receipt requested, bearing a postmark from the United States Postal Service, to the record owner and, if applicable, to a condominium or homeowners association at the address shown on the statement of lien; and
(ii) By first–class mail.
(2) The notice shall state the time, place, and terms of the sale and shall be sent not earlier than 30 days and not later than 10 days before the date of sale.
(3) The person giving the notice shall file in the proceedings:
(i) A return receipt; or
(ii) An affidavit that:
1. The provisions of this subsection have been complied with; or
2. The address of the record owner is not reasonably ascertainable.
(4) The person authorized to make a sale in an action to foreclose a mortgage or deed of trust is not required to give notice to a record owner whose address is not reasonably ascertainable.
(d) In the event of postponement or cancellation of the sale, which may be done in the discretion of the trustee, the trustee shall, within 14 days after the postponement or cancellation, send a notice that the sale was postponed or canceled to the record owner and, if applicable, to a condominium or homeowners association to which notice of the proposed sale was sent under subsection (c) of this section, by first–class mail, postage prepaid.
(a) (1) In this section the following words have the meanings indicated.
(2) “Foreclosed Property Registry” means the Foreclosed Property Registry established by the Commissioner of Financial Regulation under § 7–105.14 of this subtitle.
(3) “Local jurisdiction” means:
(i) A county; or
(ii) A municipal corporation.
(4) “Notice of foreclosure” means the notice described in subsection (b) of this section.
(5) “Person authorized to make the sale” means the person designated under the Maryland Rules to sell residential property subject to foreclosure.
(6) “Residential property” means real property improved by four or fewer dwelling units that are designed principally and are intended for human habitation.
(b) (1) Within 7 days of the filing of an order to docket or a complaint to foreclose a mortgage or deed of trust on a residential property by a person authorized to make the sale of the residential property, the person authorized to make the sale shall provide the Commissioner of Financial Regulation with a notice of foreclosure as required under this subsection.
(2) The notice of foreclosure shall:
(i) Be in the form the Commissioner of Financial Regulation requires, which may be the form of a registration with the Foreclosed Property Registry; and
(ii) Contain the following information regarding the property that is subject to foreclosure:
1. The street address;
2. The tax account number, if known;
3. Whether the property is vacant, if known;
4. The name, address, and telephone number of the owner or owners of the property, if known;
5. The name, address, and telephone number of the person authorized to make the sale; and
6. The name, address, and telephone number of a person authorized to manage and maintain the property before the foreclosure sale, if known.
(c) (1) A notice of foreclosure:
(i) Is not a public record as defined in § 4–101 of the General Provisions Article; and
(ii) Is not subject to Title 4 of the General Provisions Article.
(2) The Commissioner of Financial Regulation may authorize access to a notice of foreclosure only to local jurisdictions, the agencies of local jurisdictions, and representatives of State agencies.
(3) Notwithstanding paragraphs (1) and (2) of this subsection, the Commissioner of Financial Regulation or a local jurisdiction may provide information for a specific property described in a notice of foreclosure to:
(i) A person who owns property on the same block; or
(ii) A homeowners association or condominium in which the property is located.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.