Rule 14-205. Conditions Precedent to the Filing of an Action
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Maryland Rules › Title 14 Sales of Property › Chapter 200 Foreclosure of Lien Instruments › Md. Rule 14-205
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(a) Generally. An action to foreclose may not be filed unless (1) the instrument creating or giving notice of the existence of the lien has been filed for record, and (2) there is a default that lawfully allows a sale.
Cross reference: Code, Real Property Article, Title 14, Subtitle 2 (Maryland Contract Lien Act).
(b) Foreclosure of Liens on Residential Property. Unless otherwise ordered by the court pursuant to Rule 14-206, an action to foreclose a lien on residential property may not be filed until the later of (1) 90 days after a default for which the lien instrument lawfully allows a sale, or (2) 45 days after the notice of intent to foreclose required by Code, Real Property Article, § 7-105.1(c), together with all items required by that section to accompany the notice, has been sent in the manner required by that section.
Cross reference: For the form of the notice and any other information that the Commissioner of Financial Regulation requires, see COMAR 09.03.12.01 et seq.
(c) Land Installment Contract.
(1) Notice. An action to foreclose a land installment contract on property other than residential property may not be filed until at least 30 days after the secured party has served written notice on the borrower, the record owner of the property, and, if different, the person in possession at the address of the property. The notice shall describe the default with particularity and state that foreclosure proceedings will be filed on or after a designated day, not less than 30 days after service of the notice, unless the default is cured prior to that day.
(2) Method of Service. The secured party shall serve the notice required by subsection (1) of this section by (A) certified and first-class mail to the last known address of the person or (B) personal delivery to the person or to a resident of suitable age and discretion at the dwelling house or usual place of abode of the person.
Cross reference: For the definition of “land installment contract,” see Code, Real Property Article, § 10-101 (c).
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