When The House Is Foreclosed
Real Prop. § 7-105.1 — no filing until 90 days after default and 45 days after a notice of intent
In Maryland, an action to foreclose a mortgage or deed of trust on residential property may not be filed until the later of 90 days after a default that permits a sale, or 45 days after the notice of intent to foreclose is sent.
The notice of intent comes first. The secured party sends a notice of intent to foreclose before filing, and the clock on the filing runs from that notice. A court can allow an immediate filing only in the narrow cases the section lists, such as a loan obtained by fraud or one on which no payment was ever made.
The section also sets out loss mitigation, the papers that go with the filing, and foreclosure mediation for owner occupied homes.
| The assumption | What the law actually does |
|---|---|
| The assumptionThe lender can file the day after a missed payment | What the law actually doesNot until the later of 90 days after default or 45 days after the notice of intent |
| The assumptionThere is no chance to sit down with the lender | What the law actually doesThe section provides for loss mitigation and foreclosure mediation |
Loss mitigation, loan modification and the federal servicing rules run alongside a foreclosure on their own deadlines and are not on this page. Whether a notice was proper, whether a defense exists, and what a particular sale means are questions for a licensed Maryland attorney.
Sources for this section (1)
- Md. Code, Real Prop. § 7-105.1 — Foreclosure of residential property: notice of intent, filing and mediation
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.