Md. R. Prop. Sales 14-209
When an action to foreclose a lien on residential property is filed, the plaintiff shall serve on the borrower and the record owner a copy of all papers filed to commence the action, accompanied (1) by the documents required by Code, Real Property Article, § 7-105.1(h) and (2) if the action to foreclose is based on a certificate of vacancy or a certificate of property unfit for human habitation issued pursuant to Code, Real Property Article, § 7-105.13, by a copy of the certificate and a description of the procedure to challenge the certificate. Except as otherwise provided by section (b) of this Rule, service shall be by personal delivery of the papers or by leaving the papers with a resident of suitable age and discretion at the dwelling house or usual place of abode of each person served.
Cross reference: For the required form and sequence of documents, see Code, Real Property Article, § 7-105.1(h)(1) and COMAR 09.03.12.01 et seq.
Cross reference: For the required form and sequence of documents, see Code, Real Property Article, § 7-105.1(h)(1) and COMAR 09.03.12.01 et seq.
When an action to foreclose on residential property is filed, the plaintiff shall send by first-class mail addressed to "All Occupants" at the address of the property the notice required by Code, Real Property Article, § 7-105.11(b).
When an action to foreclose on residential property is filed with respect to a property located within a county or a municipal corporation that, under the authority of Code, Real Property Article, § 7-105.3(c), has enacted a local law that was in effect as of October 1, 2012 requiring notice of the commencement of a foreclosure action, the plaintiff shall give the notice in the form and manner required by the local law. If the local law does not provide for the manner of giving notice, the notice shall be sent by first-class mail.
Md. R. Prop. Sales 14-209
This Rule is derived in part from the 2008 version of former Rule 14-204(b) and is in part new.
HISTORICAL NOTES
2009 Orders
The June 16, 2009, order rewrote the Rule, which previously read:
"(a) Service on Borrower and Record Owner by Personal Delivery. When an action to foreclose a lien on residential property is filed, the plaintiff shall serve on the borrower and the record owner a copy of all papers filed to commence the action. Service shall be accomplished by personal delivery of the papers or by leaving the papers with a resident of suitable age and discretion at the borrower's or record owner's dwelling house or usual place of abode.
"(b) Service on Borrower and Record Owner by Mailing and Posting. If on at least two different days a good faith effort was made to serve a borrower or record owner under section (a) of this Rule and service was not successful, the plaintiff shall effect service by (1) mailing, by certified and first-class mail, a copy of all papers filed to commence the action, to the last known address of each borrower and record owner and, if the person's last known address is not the address of the residential property, also to that person at the address of the property; and (2) posting a copy of the papers in a conspicuous place on the residential property. Service is complete when the property has been posted and the mailings have been made in accordance with this section.
"(c) Notice to Occupant by First-Class Mail. When an action to foreclose on residential property is filed, the plaintiff shall send by first-class mail addressed to 'Occupant' at the address of the property a notice in substantially the following form:
"NOTICE
"An action to foreclose a Mortgage Deed of Trust æ< Land Installment Contract Contract or Statutory Lien on the property located at (Insert Address) has been filed in the Circuit Court for (County).
"A foreclosure sale of the property may occur at any time after 45 days from the date of this notice. You may want to consult with an attorney because you could be evicted, even if you are a tenant and have paid the rent due and complied with your lease. For further information, you may review the file in the office of the Clerk of the Circuit Court.
"(d) Affidavit of Service and Mailing.
"(1) Time for Filing. An affidavit of service under section (a) or (b) of this Rule and mailing under section (c) of this Rule shall be filed promptly and in any event before the date of the sale.
"(2) Service by an Individual Other than a Sheriff. In addition to other requirements contained in this section, if service is made by an individual other than a sheriff, the affidavit shall include the name, address, and telephone number of the affiant and a statement that the affiant is 18 years of age or older.
"(3) Contents of Affidavit of Service by Personal Delivery. An affidavit of service by personal delivery shall set forth the name of the person served and the date and particular place of service. If service was effected on a person other than the borrower or record owner, the affidavit also shall include a description of the individual served (including the individual's name and address, if known) and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion.
"(4) Contents of Affidavit of Service by Mailing and Posting. An affidavit of service by mailing and posting shall (A) describe with particularity the good faith efforts to serve the borrower or record owner by personal delivery; (B) state the date on which the required papers were mailed by certified and first-class mail and the name and address of the addressee; and (C) include the date of the posting and a description of the location of the posting on the property.
"Cross reference: See the Servicemembers Civil Relief Act, 50 U.S.C. app. §§ 501et seq.
"Source: This Rule is derived in part from the 2008 version of former Rule 14-204(b) and is in part new.
2011 Orders
The October 11, 2011, order, in section (a), inserted ", accompanied by the documents required by Code, Real Property Article, § 7-105.1(f),; added the cross reference following section (a); in section (b), inserted ", accompanied by the documents required by Code, Real Property Article, § 7-105.1(f),; and added the cross reference following section (b).
2013 Orders
The May 1, 2013, order, amended the Rule to add language to section (a) pertaining to certain certificates); to add language to section (d) limiting the local laws requiring notice; to correct internal references in sections (a) and (b); and to make stylistic changes.
Prior Rules:
Rule 14-209, adopted June 5, 1996, effective January 1, 1997, related to the release or assignment of a claim, injunction to stay foreclosure and insolvency proceeding's effect on foreclosure, rescinded February 10, 2009, effective May 1, 2009. See Md. Rule 14-217.
See the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq.