# Md. Rule 14-204: Rule 14-204. Institution of Action

> Maryland · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_204

## Section

- **Citation:** Md. Rule 14-204
- **Heading:** Rule 14-204. Institution of Action
- **Jurisdiction:** Maryland
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Maryland Rules / Title 14 Sales of Property / Chapter 200 Foreclosure of Lien Instruments / Md. Rule 14-204

## Text

(a) Under Power of Sale. Subject to compliance with section (c) of this Rule, any individual authorized to exercise a power of sale may institute an action to foreclose the lien.
(b) Under Assent to Decree. A secured party may file an action to foreclose the lien under an assent to a decree, except that an action to foreclose a deed of trust shall be instituted by the beneficiary of the deed of trust, any trustee appointed in the deed, or any successor trustee.
(c) Fractional Owners of Debt.
(1) Minimum Fractional Interest Required. Except when the lien instrument is a deed of trust, a power of sale may not be exercised, and the court may not enter an order for a sale under an assent to a decree, unless the power is exercised or application for an order is made or consented to by the holders of 25% or more of the entire debt due under the lien instrument.
(2) Priority of Actions Involving Fractional Interests. If more than one party is authorized under these Rules to file an action to foreclose a lien, the first such party to file an action acquires the exclusive right to proceed on behalf of all fractional interest holders of the lien instrument being foreclosed.
Section (a) is derived from the 2008 version of former Rule 14-202 (a)(1).
Section (b) is derived from the 2008 version of former Rule 14-202 (a)(2).
Subsection (c)(1) is derived from the 2008 version of former Rule 14-202 (b)(1) and (c).
Subsection (c)(2) is derived from the 2008 version of former Rule 14-202 (b)(2).

## Nearby sections

- [Md. Rule 14-201 Rule 14-201. Applicability; Other Remedies](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_201.md)
- [Md. Rule 14-202 Rule 14-202. Definitions](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_202.md)
- [Md. Rule 14-203 Rule 14-203. Venue and Attachment of Jurisdiction](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_203.md)
- [Md. Rule 14-204 Rule 14-204. Institution of Action](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_204.md)
- [Md. Rule 14-205 Rule 14-205. Conditions Precedent to the Filing of an Action](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_205.md)
- [Md. Rule 14-206 Rule 14-206. Petition for Immediate Foreclosure Against Residential Property](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_206.md)
- [Md. Rule 14-207 Rule 14-207. Pleadings; Service of Certain Affidavits, Pleadings, and Papers](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_207.md)
- [Md. Rule 14-207.1 Rule 14-207.1. Court Screening](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_207_1.md)
- [Md. Rule 14-208 Rule 14-208. Subsequent Proceedings if NO Power of Sale or Assent to a Decree](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_208.md)
- [Md. Rule 14-208.1 Rule 14-208.1. Challenge of Certificate of Vacancy or Certificate of Property Unfit for Human Habitation](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_208_1.md)
- [Md. Rule 14-209 Rule 14-209. Service in Actions to Foreclose on Residential Property; Notice](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_209.md)
- [Md. Rule 14-209.1 Rule 14-209.1. Owner–Occupied Residential Property](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_209_1.md)
- [Md. Rule 14-210 Rule 14-210. Notice Prior to Sale](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_210.md)
- [Md. Rule 14-211 Rule 14-211. Stay of the Sale; Dismissal of Action](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_211.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_204. Check the current official text before relying on it. Not legal advice.