Md. Code Regs. 05.19.03.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 05.19.03.03 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Act" means Housing and Community Development Article, Annotated Code of Maryland.

(2) "Department" means the Department of Housing and Community Development, a principal department of the State.

(3) "Eligible entities" means professional nonprofit housing counseling agencies, legal service providers, United States Department of Housing and Urban Development (HUD) certified housing counseling agencies and other eligible entities appearing on the list of nonprofit and government agencies that provide housing counseling, which list is maintained by the Department pursuant to Commercial Law Article, § 12-1303(b), Annotated Code of Maryland.

(4) "Foreclosure mediation" means a conference at which the parties in a foreclosure action, their attorneys, additional representatives of the parties, or a combination of those persons appear before an impartial individual to discuss the positions of the parties in an attempt to reach agreement on a loss mitigation program for the mortgagor or grantor as set forth in the Real Property Act.

(5) "Fund" means the Housing Counseling and Foreclosure Mediation Fund established under Housing and Community Development Article, § 4-507, Annotated Code of Maryland.

(6) "Housing counseling services" means professional pro bono housing counseling services, including foreclosure prevention assistance, foreclosure mediation assistance, legal counseling, post-mitigation and foreclosure counseling, loss mitigation and analysis assistance, credit repair, financial literacy counseling, homebuyer education, and prepurchase counseling provided to mortgagors or grantors by the Eligible Entities.

(7) "Local government" means any municipal corporation subject to the provisions of the State Constitution, Article XI-E, or any one of the 23 counties of the State or Baltimore City.

(8) "Loss mitigation analysis" means an evaluation of the facts and circumstances of a loan secured by owner-occupied single-family property to determine, as defined in the Real Property Act:

(a) Whether a mortgagor or grantor qualifies for a loan modification; and

(b) If there will be no loan modification, whether any other loss mitigation program may be made available to the mortgagor or grantor.

(9) "Nonprofit organization" means a corporation, foundation, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in the entity.

(10) "Operating assistance grants" means NMFC and HCFMF grants, or grants funded with other resources, made to eligible entities pursuant to this chapter.

(11) "Programs" means the National Foreclosure Mitigation Program and the Housing Counseling and Foreclosure Mediation Fund Grant Programs, or other housing counseling grant programs implemented by the Department.

(12) "Real Property Act" means Real Property Article, § 7-105.1, Annotated Code of Maryland.

(13) "Secretary" means the Secretary of Housing and Community Development.

(14) "Single-family property" means residential property of four or fewer single-family dwelling units in which at least one unit is occupied by an individual who, as defined in the Real Property Act:

(a) Has an ownership interest in the property; and

(b) Uses the property as the individual's primary residence.

(15) "State" means the State of Maryland.

Md. Code Regs. 05.19.03.03

Regulation .03 amended effective 42:24 Md. R. 1504, eff.12/10/2015