Md. R. Prop. Sales 14-210

As amended through April 5, 2024

Rule 14-210 - Notice Prior to Sale

(a) By Publication. Before selling property in an action to foreclose a lien, the individual authorized to make the sale shall publish notice of the time, place, and terms of the sale in a newspaper of general circulation in the county in which the action is pending. Notice of the sale of an interest in real property shall be published at least once a week for three successive weeks, the first publication to be not less than 15 days before the sale and the last publication to be not more than one week before the sale. Notice of the sale of personal property shall be published not less than five days nor more than 12 days before the sale.

(b) By Certified and First-class Mail. Before selling the property subject to the lien, the individual authorized to make the sale shall also send notice of the time, place, and terms of sale (1) by certified mail and by first-class mail to (A) the borrower, (B) the record owner of the property, (C) the holder of any subordinate interest in the property subject to the lien, and (D) 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 and (2) by first-class mail to "All Occupants at the address of the property. The notice to "All Occupants shall be in the form and contain the information required by Code, Real Property Article, § 7-105.9(c). Except for the notice to "All Occupants, the mailings shall be sent to the last known address of all such persons, including to the last address reasonably ascertainable from a document recorded, indexed, and available for public inspection 30 days before the date of the sale. The mailings shall be sent not more than 30 days and not less than ten days before the date of the sale.

(c) To Counties or Municipal Corporations. In addition to any other required notice, not less than 15 days before the sale, the individual authorized to make the sale shall send written notice to the county or municipal corporation where the property subject to the lien is located. The notice shall include the name, address, and telephone number of the individual authorized to make the sale and the time, place, and terms of sale.

(d) Holders of a Subordinate Interest. If the individual authorized to make the sale receives actual notice at any time before the sale that there is a person holding a subordinate interest in the property and if the interest holder's identity and address are reasonably ascertainable, the individual authorized to make the sale shall give notice of the time, place, and terms of sale to the interest holder as promptly as reasonably practicable. The notice may be given in any manner reasonably calculated to apprise the interest holder of the sale, including by telephone or electronic transmission. This notice need not be given to anyone to whom notice was sent pursuant to section (b) of this Rule.

(e) Affidavit of Notice by Mail. An individual who is required by this Rule to give notice by mail shall file an affidavit stating that (1) the individual has complied with the mailing provisions of this Rule or (2) the identity or address of the borrower, record owner, or holder of a subordinate interest is not reasonably ascertainable. If the affidavit states that an identity or address is not reasonably ascertainable, the affidavit shall state in detail the reasonable, good faith efforts that were made to ascertain the identity or address. If notice was given to the holder of a subordinate interest in the property, the affidavit shall state the date, manner, and content of the notice.

An individual who is required by this Rule to give notice by mail shall file an affidavit stating that (1) the individual has complied with the mailing provisions of this Rule or (2) the identity or address of the borrower, record owner, or holder of a subordinate interest is not reasonably ascertainable. If the affidavit states that an identity or address is not reasonably ascertainable, the affidavit shall state in detail the reasonable, good faith efforts that were made to ascertain the identity or address. If notice was given to the holder of a subordinate interest in the property, the affidavit shall state the date, manner, and content of the notice.

Md. R. Prop. Sales 14-210

This Rule is derived in part from the 2008 version of former Rule 14-206(b) and is in part new.

Adopted Feb. 10, 2009, eff. 5/1/2009. Amended June 16, 2009, eff. 6/17/2009; 6/7/2011, eff. 7/1/2011; 4/9/2018, eff. 7/1/2018.

HISTORICAL NOTES

2009 Orders

The June 16, 2009, order rewrote section (b), which previously read:

"(b) By Certified and First-Class Mail. Before selling the property subject to the lien, the individual authorized to make the sale shall also send notice of the time, place, and terms of sale by certified mail and by first-class mail to (1) the borrower, (2) the record owner of the property, (3) the holder of any subordinate interest in the property subject to the lien, and (4) "Occupant" at the address of the property. Except for the notice to "Occupant," the mailings shall be sent to the last known address of all such persons, including to the last address reasonably ascertainable from a document recorded, indexed, and available for public inspection 30 days before the date of the sale. The mailings shall be sent not more than 30 days and not less than ten days before the date of the sale.

Prior Rules:

Rule 14-210, adopted June 5, 1996, effective January 1, 1997, related to a deed of trust and removal of trustee, rescinded February 10, 2009, effective May 1, 2009. See Md. Rule 14-218.

2011 Orders

The June 7, 2011, order deleted the committee note following section (a).

2018 Orders

The April 9, 2018 order, added another category of recipients of notice prior to sale, added a cross reference at the end of the Rule, and made stylistic changes.

For notice following a postponement or cancellation of a sale, see Rule 14-214.