A. [§ 6.20] Instituting An Action

• Jurisdiction: Maryland

A. [§ 6.20] Instituting an Action

A secured party must satisfy several conditions before filing a foreclosure action. First, a party cannot file a foreclosure action unless the "instrument creating or giving notice of the existence of the lien" has been filed for record. Md. Rule 14-205(a). Second, there must have been a "default that lawfully allows a sale." Id.

There are three types of foreclosures under Maryland law: (1) nonjudicial foreclosure, commonly referred to as the power of sale; (2) judicial foreclosure, commonly referred to as the assent to decree; and (3) common law foreclosure, commonly referred to as strict foreclosure. Maryland law has established different procedures for each of these three types of foreclosure:

(1) Under a power of sale, the foreclosure action is instituted by filing an Order to Docket. Md. Rule 14-207(a)(1). No process shall issue. An action to foreclose by filing an Order to Docket may be filed by "any individual authorized to exercise a power of sale[.]" Md. Rule 14-204(a)(1). "A foreclosure

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