Rule 14-205 - Conditions Precedent to the Filing of an Action(a) Generally. An action to foreclose may not be filed unless (1) the instrument creating or giving notice of the existence of the lien has been filed for record, and (2) there is a default that lawfully allows a sale. Cross reference: Code, Real Property Article, Title 14, Subtitle 2 (Maryland Contract Lien Act).
(b) Foreclosure of Liens on Residential Property. Unless otherwise ordered by the court pursuant to Rule 14-206, an action to foreclose a lien on residential property may not be filed until the later of (1) 90 days after a default for which the lien instrument lawfully allows a sale, or (2) 45 days after the notice of intent to foreclose required by Code, Real Property Article, § 7-105.1(c), together with all items required by that section to accompany the notice, has been sent in the manner required by that section. Cross reference: For the form of the notice and any other information that the Commissioner of Financial Regulation requires, see COMAR 09.03.12.01 et seq.
(c) Land Installment Contract.(1)Notice. An action to foreclose a land installment contract on property other than residential property may not be filed until at least 30 days after the secured party has served written notice on the borrower, the record owner of the property, and, if different, the person in possession at the address of the property. The notice shall describe the default with particularity and state that foreclosure proceedings will be filed on or after a designated day, not less than 30 days after service of the notice, unless the default is cured prior to that day.(2)Method of Service. The secured party shall serve the notice required by subsection (1) of this section by (A) certified and first-class mail to the last known address of the person or (B) personal delivery to the person or to a resident of suitable age and discretion at the dwelling house or usual place of abode of the person.Md. R. Prop. Sales 14-205
This Rule is derived in part from the 2008 version of Rule 14-203(a) and is in part new.
Adopted Feb. 10, 2009, eff. 5/1/2009. Amended June 7, 2010, eff. 7/1/2010; amended June 29, 2020, eff. 8/1/2020.HISTORICAL NOTES
2010 Orders
The June 7, 2010, order, in subsec. (b), inserted ", together with all items required by that section to accompany the notice,.
Prior Rules:
Rule 14-205, adopted June 5, 1996, effective January 1, 1997, amended January 10, 2006, effective January 10, 2006; amended July 22, 2008, effective July 23, 2008, related to lien instruments or statutory liens that contain neither a power of sale or assent to decree, rescinded February 10, 2009, effective May 1, 2009. See Md. Rule 14-208.
For the definition of "land installment contract," see Code, Real Property Article, § 10-101(c).