# Md. Rule 14-206: Rule 14-206. Petition for Immediate Foreclosure Against Residential Property > Maryland · Court rules · In force URL: https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_206 ## Section - **Citation:** Md. Rule 14-206 - **Heading:** Rule 14-206. Petition for Immediate Foreclosure Against Residential Property - **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 14-206 ## Text (a) Right to File. A secured party may file a petition to be excused from the time and notice requirements of Code, Real Property Article, § 7-105.1 (b) and (c) and Rule 14-205 (b) and for leave to file an action for immediate foreclosure of a lien against residential property if: (1) the debt secured by the lien instrument was obtained by fraud or deception; (2) no payments have ever been made on the debt; (3) the property subject to the lien has been destroyed; (4) the default occurred after all stays have been lifted in a bankruptcy proceeding; or (5) the property subject to the mortgage or deed of trust is property that is vacant and abandoned as provided under Code, Real Property Article, § 7-105.18. Committee note: Notice and hearing procedures for filing a petition for leave to immediately commence an action for foreclosure of a lien against vacant and abandoned property are different than the procedures for filing a petition for other expedited foreclosure proceedings. See Code, Real Property Article, § 7-105.18 (b) for the notice and hearing procedures pertaining to vacant and abandoned property and (c) for the criteria required to make a finding that a property is vacant and abandoned. (b) Contents of Petition. A petition filed under this Rule shall state with particularity the facts alleged in support of the petition and shall be under oath or supported by affidavit. (c) Notice to Borrower and Record Owner. The secured party shall send by certified and first-class mail a copy of the petition and all papers attached to it to each borrower and record owner of the property at the person's last known address, and, if the person's last known address is not the address of the property, to the person at the address of the property. The mailing shall include a notice that the addressee may file a response to the petition within 10 days after the date of the mailing mail a copy of the petition and all papers attached to it to each borrower and record owner of the property at the person's last known address, and, if the person's last known address is not the address of the property, to the person at the address of the property. The mailing shall include a notice that the addressee may file a response to the petition within 10 days after the date of the mailing. Promptly after the mailing, the secured party shall file an affidavit that states with particularity how compliance with this section was accomplished, including the date on which the petition was mailed and the names and addresses of the persons to whom it was mailed. (d) Response. (1) Procedure. Within 10 days after the mailing pursuant to section (c) of this Rule, a borrower or record owner of the property may file a written response. The response shall state with particularity any defense to the petition and shall be under oath or supported by affidavit. A person who files a response shall serve a copy of the response and any supporting documents on the petitioner by first-class mail, and shall file proof of such service with the response. Cross reference: See Rules 1-321 (a) and 1-323. (2) Non-Waiver if No Timely Response Filed. A person's failure to file a timely response to the petition does not waive the person's right to raise any defense in the action to foreclose, including a defense based upon noncompliance with the time or notice requirements of Code, Real Property Article, § 7-105.1 (b) and (c). (e) Hearing. The court may not grant the petition without a hearing if a response presents a genuine dispute of material fact as to whether the petitioner is entitled to the relief requested. Otherwise, the court may grant or deny the petition without a hearing. including a defense based upon noncompliance with the time or notice requirements of Code, Real Property Article, § 7-105.1 (b) and (c). (e) Hearing. The court may not grant the petition without a hearing if a response presents a genuine dispute of material fact as to whether the petitioner is entitled to the relief requested. Otherwise, the court may grant or deny the petition without a hearing. (f) Filing of Order to Docket or Complaint. An order to docket or complaint to foreclose shall be filed in the same action as the petition. Committee note: If this Rule applies in an action to foreclose a lien against owner-occupied residential property, the loss mitigation analysis and affidavit requirements of Code, Real Property Article, § 7-105.1 are not applicable and foreclosure mediation under the statute is not available. ## 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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MD_T14_R14_206. Check the current official text before relying on it. Not legal advice.