Md. Code Regs. 09.03.12.01

Current through Register Vol. 51, No. 7, April 5, 2024

Section 09.03.12.01 - 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 with instructions on how to use the cover page to display the address.

(2) "Administrative law judge" has the meaning stated in COMAR 28.02.01.02 (B(B)(1).

(3) "Borrower" means:

(a) A mortgagor; or

(b) A grantor of a deed of trust.

(4) "Commissioner" means the Commissioner of Financial Regulation in the Department of Labor, Licensing, and Regulation.

(5) "Date of default" means the first calendar day after the borrower has failed to meet the borrower's obligations under the terms of the debt instrument where the debt instrument characterizes that failure as a default.

(6) "Debt instrument" means an agreement, promissory note, or other evidence of a mortgage loan.

(7) "Federally related mortgage loan" has the meaning stated at 12 C.F.R. 1024.2.

(8) "Final loss mitigation affidavit" has the meaning stated in Real Property Article, § 7-105.1(a), Annotated Code of Maryland.

(9) "Foreclosure mediation" has the meaning stated in Real Property Article, § 7-105.1(a), Annotated Code of Maryland.

(10) "Housing counseling services" has the meaning stated in Real Property Article, § 7-105.1(a), Annotated Code of Maryland.

(11) Inspection.

(a) "Inspection" means a limited nonintrusive examination to determine occupancy status of a property.

(b) "Inspection" may include, but is not limited to:

(i) Physical survey of the property; or

(ii) Review of loan documents, recorded instruments, court orders, public records, photos taken upon physical survey of the property, or other documents identifying loan type or ownership.

(12) "Loss mitigation analysis" has the meaning stated in Real Property Article, § 7-105.1(a), Annotated Code of Maryland.

(13) "Loss mitigation program" has the meaning stated in Real Property Article, § 7-105.1(a), Annotated Code of Maryland.

(14) "Mediator" means the administrative law judge within the Office of Administrative Hearings who will serve as the neutral third party in a foreclosure mediation.

(15) "Mortgage lender licensee" means a person licensed under Financial Institutions Article, §§ 11-501 -11-524, Annotated Code of Maryland.

(16) "Mortgage loan" means any loan or extension of credit secured by residential property.

(17) "Mortgage loan originator licensee" means an individual licensed under Financial Institutions Article, §§ 11-601 -11-618, Annotated Code of Maryland.

(18) "Nationwide Mortgage Licensing System and Registry (NMLS)" has the meaning stated in Financial Institutions Article, § 1-101, Annotated Code of Maryland.

(19) Owner-Occupied Residential Property.

(a) "Owner-occupied residential property" has the meaning stated in Real Property Article, § 7-105.1(a), Annotated Code of Maryland.

(b) "Owner-occupied residential property" does not include property secured by mortgage loans or other debt instruments if the borrower is:

(i) One or more persons who have made a written statement in connection with the original loan application that the loan is for business or investment purposes;

(ii) A corporation;

(iii) A limited liability company;

(iv) A joint venture; or

(v) A partnership or a limited partnership.

(20) "Person" has the meaning stated in Financial Institutions Article, § 11-501(p), Annotated Code of Maryland.

(21) "Postfile mediation" has the meaning stated in Real Property Article, § 7-105.1(a), Annotated Code of Maryland.

(22) "Prefile mediation" has the meaning stated in Real Property Article, § 7-105.1(a), Annotated Code of Maryland.

(23) "Preliminary loss mitigation affidavit" has the meaning stated in Real Property Article, § 7-105.1(a), Annotated Code of Maryland.

(24) "Record owner" has the meaning stated in Maryland Rule 14-202(n).

(25) Representative of the Secured Party.

(a) "Representative of the secured party" means a person who has representative authority to perform the duties and responsibilities of the secured party.

(b) "Representative of the secured party" does not include an attorney acting solely as legal counsel on behalf of the secured party or on behalf of the representative of the secured party, unless specifically authorized to perform the duties and responsibilities of the secured party.

(c) "Representative of the secured party" includes an attorney acting as trustee under a deed of trust.

(26) "Residential property" has the meaning stated in Real Property Article, § 7-105.1(a), Annotated Code of Maryland.

(27) "Secured party" has the meaning stated in Maryland Rule 14-202(q).

(28) Single Family Dwelling Unit.

(a) "Single family dwelling unit" means a structure principally designed for the residential habitation of one family.

(b) "Single family dwelling unit" includes an individual residential condominium unit within a larger structure or complex, regardless of the total number of individual units in that structure or complex.

(c) "Single family dwelling unit" does not include a structure that:

(i) Is not intended, and has never been used, for human habitation; or

(ii) Is intended for human habitation and has never been occupied and for which a use and occupancy permit, if required, has never been issued.

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(29) "Unique identifier" has the meaning stated in Financial Institutions Article, § 11-601, Annotated Code of Maryland.

(30) "Vacant and abandoned" means a finding by the appropriate circuit court that a residential property is vacant and abandoned pursuant to Real Property Article, § 7-105.18(c), Annotated Code of Maryland.

Md. Code Regs. 09.03.12.01

Regulation .01B amended effective March 15, 2010 (37:5 Md. R. 428)
Regulations .01 repealed and new Regulations .01 adopted as an emergency provision effective October 25, 2011 (38:23 Md. R. 1416); emergency provision extended to July 30, 2012 (39:3 Md. R. 256); emergency provision extended to January 15, 2013 (39:15 Md. R. 961); emergency provision expired October 1, 2012 (39:21 Md. R. 1376)
Regulations .01 repealed and new Regulations .01 adopted as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); adopted permanently effective January 7, 2013 (39:26 Md. R. 1663)
Regulation .01 amended effective 41:24 Md. R. 1426, eff.12/11/2014 ; amended effective 44:13 Md. R. 621, eff. 7/3/2017; amended effective 44:22 Md. R. 1037, eff. 11/6/2017; amended effective 45:14 Md. R. 695, eff. 7/16/2018; amended effective 49:26 Md. R. 1078, eff. 3/1/2023