Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.12 - Foreclosure Procedures for Residential Property › Section 09.03.12.02 - Notice of Intent to Foreclose

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to
				§§ F, G, and H of this regulation, a person required to send a notice
				of intent to foreclose under Real Property Article, §7105.1, 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 form substantially similar to that in:
(a) Appendix A of this regulation if the loan
				is not a federally related mortgage loan;
(b) Appendix A-f of this regulation if the
				loan is a federally related mortgage loan; or
(c) With respect to a notice of intent to
				foreclose from a secured party offering prefile mediation for a loan that is
				not a federally related mortgage loan, Appendix A-1 of this regulation, as
				follows:
(i) Appendix A-1 shall be
				accompanied in the same envelope or package by the packets of documents and
				forms substantially similar to Schedule 1 (Prefile Mediation Packet) and
				Schedule 2 (Loss Mitigation Packet) of Appendix A-1 of this
				regulation.
(ii) Each of the
				documents and forms constituting Appendix A-1, Schedule 1, and Schedule 2 as
				required under subparagraph (i) of this paragraph shall be in the sequence of
				documents and forms presented in Appendix A-1, Schedule 1, and Schedule 2,
				respectively of this regulation. Appendix A-1 shall be the first in the
				sequence. Schedule 1 shall be the second in the sequence and shall be directly
				behind Appendix A-1. Schedule 2 shall be the third in the sequence and shall be
				directly behind Schedule 1. Appendix A-1, Schedule 1, and Schedule 2 shall be
				separated from each other by any reasonable method that ensures that the
				borrower can identify the forms and documents constituting each of Appendix
				A-1, Schedule 1, and Schedule 2.
(iii) The Loss Mitigation Application and
				Instruction required in Schedule 2 of Appendix A-1 may be in the form
				authorized under Regulation .03 of this chapter.
(d) With respect to a notice of intent to
				foreclose from a secured party offering prefile mediation for a loan that is a
				federally related mortgage loan, Appendix A-1(f) of this regulation, as
				follows:
(i) Appendix A-1(f) shall be
				accompanied in the same envelope or package by the packets of documents and
				forms substantially similar to Schedule 1 (Prefile Mediation Packet) and
				Schedule 2 (Loss Mitigation Packet) of Appendix A-1(f) of this
				regulation.
(ii) Each of the
				documents and forms constituting Appendix A-1(f), Schedule 1, and Schedule 2 as
				required under subparagraph (i) of this paragraph shall be in the sequence of
				documents and forms presented in Appendix A-1(f), Schedule 1, and Schedule 2,
				respectively. Appendix A-1(f) shall be the first in the sequence. Schedule 1
				shall be the second in the sequence and shall be directly behind Appendix
				A-1(f), Schedule 2 shall be the third in the sequence and shall be directly
				behind Schedule 1. Appendix A-1(f), Schedule 1, and Schedule 2 shall be
				separated from each other by any reasonable method that ensures that the
				borrower can identify the forms and documents constituting each of Appendix
				A-1(f), Schedule 1, and Schedule 2.
(iii) The Loss Mitigation Application and
				Instruction required in Schedule 2(f) of Appendix A-1(f) may be in the form
				authorized under Regulation .03 of this chapter.