New Maryland Foreclosure Laws and Rules

HB472/CH. 485, Residential Property Foreclosure Procedures – Foreclosure Mediation, makes changes to MD. CODE ANN., REAL PROP.  7-105.1 (2009). Changes include requirements for notice of intent to foreclose and mediation.  These changes are effective July 1, 2010.

There are new corresponding rules that will go into effect on July 1 as well.  The 164th report of the Court’s Standing Committee on Rules of Practice and Procedure was submitted on May 21, 2010 and the order was filed on June 7, 2010.  The Rules order with amendments to Rules 14-102, 12-202, 14-205, 14-206, 14-207, 14-208, 14-211, 14-212, and 14-214 will take effect on July 1, 2010.   The new rules were published in the June 18, 2010 issue of the Maryland Register (37:13 Md. R. 840-847 (June 18, 2010)).  They can also be found at the Rules Committee website.  They should be available on Lexis by July 1 – but the history should be checked before relying on them.

Other foreclosure laws passed were SB562/CH. 322 (crossfiled with HB633/CH. 323) Real Property – Mortgages and Deeds of Trust – Authority to exercise a Power of Sale, SB654/CH. 587 (crossfiled with HB711/CH. 588) Real Property – Tenants in Foreclosure – Conforming to Federal Law, and SB784/Ch. 611 Maryland Statutory Trust Act.  All of these are effective June 1, 2010.

A notebook containing printouts of these new laws and rules is available in the law library.  Copies will also be on the LAN @ J:\Lawlib\Foreclosure 2010 changes.