5. [§ 6.25] Scheduling of the Sale and Pre-Sale Notice

• Jurisdiction: Maryland

5. [§ 6.25] Scheduling of the sale and pre-sale notice

If the parties do not reach an agreement at the postfile foreclosure mediation, or the 60-day mediation period expires without an extension granted by the Office of Administrative Hearings, the foreclosure attorney may schedule the foreclosure sale. Real Prop. § 7-105.1(n)(1). Do note that should certain proposed legislation pass, § 7-105.1(h)(1) will be overhauled in October of 2022. See 2022 Md. H.B. 1038 (NS); see also 2022 Md. H.B. 803 (NS). The proposed legislation deals with access to counsel and fees during certain foreclosure proceedings. Id. The foreclosure sale may not occur until at least 15 days after the foreclosure mediation, or if no mediation was held, the date that OAH files its report with the court. Real Prop. § 7-105.1(n)(1)-(3).

If foreclosure mediation was not requested (or was not available, because the property was not owner-occupied), the foreclosure sale may not occur until at least 45 days after service of process. Real Prop. § 7-105.1(n)(2). But, if the property is owner-occupied, and the final loss mitigation affidavit was not included in the initial filing, the sale may not occur...