Home Table of Contents

RULE 14-207. PLEADINGS; SERVICE OF CERTAIN AFFIDAVITS, PLEADINGS, AND PAPERS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 14. Sales of Property
Chapter 200. Foreclosure of Lien Instruments (Refs & Annos)
MD Rules, Rule 14-207
RULE 14-207. PLEADINGS; SERVICE OF CERTAIN AFFIDAVITS, PLEADINGS, AND PAPERS
(a) Pleadings Allowed.
(1) Power of Sale. An action to foreclose a lien pursuant to a power of sale shall be commenced by filing an order to docket. No process shall issue.
(2) Assent to a Decree or Lien Instrument With No Power of Sale or Assent to a Decree. An action to foreclose a lien pursuant to an assent to a decree or pursuant to a lien instrument that contains neither a power of sale nor an assent to a decree shall be commenced by filing a complaint to foreclose. If the lien instrument contains an assent to a decree, no process shall issue.
(3) Lien Instrument With Both a Power of Sale and Assent to a Decree. If a lien instrument contains both a power of sale and an assent to a decree, the lien may be foreclosed pursuant to either.
(b) Exhibits. Except as provided in section (c) of this Rule, a complaint or order to docket shall include or be accompanied by:
(1) a copy of the lien instrument supported by an affidavit that it is a true and accurate copy, or, in an action to foreclose a statutory lien, a copy of a notice of the existence of the lien supported by an affidavit that it is a true and accurate copy;
Cross reference: See Code, Real Property Article, § 7-105.1 (f) concerning the contents of a lost note affidavit in an action to foreclose a lien on residential property.
(2) an affidavit by the secured party, the plaintiff, or the agent or attorney of either that the plaintiff has the right to foreclose and a statement of the debt remaining due and payable;
(3) a copy of any separate note or other debt instrument supported by an affidavit that it is a true and accurate copy and certifying ownership of the debt instrument;
(4) a copy of any assignment of the lien instrument for purposes of foreclosure or deed of appointment of a substitute trustee supported by an affidavit that it is a true and accurate copy of the assignment or deed of appointment;
(5) with respect to any defendant who is an individual, an affidavit in compliance with § 521 of the Servicemembers Civil Relief Act, 50 U.S.C. app. § 501 et seq.;
(6) a statement as to whether the property is residential property and, if so, statements in boldface type as to whether (A) the property is owner-occupied residential property, if known, and (B) a final loss mitigation affidavit is attached;
(7) if the property is residential property that is not owner-occupied residential property and the lien instrument being foreclosed is a mortgage or deed of trust, a final loss mitigation affidavit to that effect;
(8) in an action to foreclose a lien instrument on residential property, to the extent not produced in response to subsections (b)(1) through (b)(7) of this Rule, the information and items required by Code, Real Property Article, § 7-105.1(e), except that (A) if the name and license number of the mortgage originator and mortgage lender is not required in the notice of intent to foreclose, the information is not required in the order to docket or complaint to foreclose; and (B) if the mortgage loan is owned, securitized, insured, or guaranteed by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, or Federal Housing Administration, or if the servicing agent is participating in the federal Making Home Affordable Modification Program (also known as “HAMP”), providing documentation as required by those programs satisfies the requirement to provide a description of the eligibility requirement for the applicable loss mitigation program;
Committee note: Subsection (b)(8) of this Rule does not require the filing of any information or items that are substantially similar to information or items provided in accordance with subsections (b)(1) through (b)(7). For example, if a copy of a deed of appointment of substitute trustee, supported by an affidavit that it is a true and accurate copy, is filed, it is not necessary to file the original or a clerk-certified copy of the deed of appointment.
Cross reference: For the required form and sequence of documents, see Code, Real Property Article, § 7-105.1(h)(1) and COMAR 09.03.12.01 et seq.
(9) if the property is residential property and the secured party and borrower elected to participate in prefile mediation, the report of the prefile mediation issued by the Office of Administrative Hearings;
(10) if the property is residential property and the secured party and borrower did not elect to participate in prefile mediation, a statement that the parties did not elect to participate in prefile mediation; and
(11) in an action to foreclose a land installment contract on property other than residential property, an affidavit that the notice required by Rule 14-205(c) has been given.
Cross reference: For statutory “notices” relating to liens, see, e.g., Code, Real Property Article, § 14-203(b).
Committee note: Pursuant to subsections (b)(7) and (8) of this Rule, a preliminary or final loss mitigation affidavit must be filed in all actions to foreclose a lien on residential property, even if a loss mitigation analysis is not required.
(c) When a Certificate of Vacancy or a Certificate of Property Unfit for Human Habitation Has Been Filed. If the property is residential property and the order to docket or complaint to foreclose is based on a certificate of vacancy or a certificate of property unfit for human habitation, the order to docket or complaint to foreclose shall be accompanied by a copy of the certificate and by the exhibits required by subsections (b)(1) through (b)(5) of this Rule. Cross reference:
Cross reference: See Code, Real Property Article, § 7-105.11.
(d) Service of Certain Affidavits, Pleadings, and Papers. Any affidavit, pleading, or other paper that amends, supplements, or confirms a previously filed affidavit, pleading, or other paper shall be served on each party, attorney of record, borrower, and record owner in accordance with the methods provided by Rule 1-321, regardless of whether service of the original affidavit, pleading, or paper was required.
Committee note: This Rule prevails over the provision in Rule 1-321(a) or any other Rule that purports, where a party is represented by an attorney, to permit service on only the attorney. This Rule requires service on both.
Source: This Rule is derived in part from the 2008 version of former Rule 14-204(a) and (c) and is in part new.

Credits

[Adopted Feb. 10, 2009, eff. May 1, 2009. Amended June 7, 2010, eff. July 1, 2010; Oct. 20, 2010; Oct. 11, 2011, eff. Nov. 1, 2011; March 11, 2013, eff. May 1, 2013.]

Editors' Notes

HISTORICAL NOTES
2010 Orders
The June 7, 2010, order, rewrote subsec. (b), which previously read:
“(b) Exhibits. A complaint or order to docket shall be accompanied by:
“(1) a copy of the lien instrument supported by an affidavit that it is a true and accurate copy, or, in an action to foreclose a statutory lien, a copy of a notice of the existence of the lien supported by an affidavit that it is a true and accurate copy;
“(2) an affidavit by the secured party, the plaintiff, or the agent or attorney of either that the plaintiff has the right to foreclose and a statement of the debt remaining due and payable;
“(3) a copy of any separate note or other debt instrument supported by an affidavit that it is a true and accurate copy and certifying ownership of the debt instrument;
“(4) a copy of any assignment of the lien instrument for purposes of foreclosure or deed of appointment of a substitute trustee supported by an affidavit that it is a true and accurate copy of the assignment or deed of appointment;
“(5) an affidavit with respect to any defendant who is an individual that the individual is not in the military service of the United States as defined in the Servicemembers Civil Relief Act, 50 U.S.C. app. §§ 501 et seq., or that the action is authorized by the Act;
“(6) a statement as to whether or not the property is residential property;
“(7) in an action to foreclose a lien instrument on residential property, to the extent not produced in response to subsections (b)(1) through (b)(5) of this Rule, the information and papers required by Code, Real Property Article, § 7-105.1 (d), except that if the name and license number of the mortgage originator and mortgage lender is not required in the notice of intent to foreclose, the information is not required in the order to docket or complaint to foreclose; and
“Committee note: Subsection (b)(7) of this Rule does not require the filing of any information or papers that are substantially similar to information or papers provided in accordance with subsections (b)(1) through (b)(5). For example, if a copy of a deed of appointment of substitute trustee, supported by an affidavit that it is a true and accurate copy, is filed, it is not necessary to file the original or a clerk-certified copy of the deed of appointment.
“(8) in an action to foreclose a land installment contract on property other than residential property, an affidavit that the notice required by Rule 14-205 (c) has been given.
“Cross reference: For statutory “notices” relating to liens, see, e.g., Code, Real Property Article, § 14-203 (b).”
The October 20, 2010, order, rewrote subsec. (c), which previously read:
“(c) Court Screening. As part of its case management plan, a circuit court may adopt procedures for the court to screen orders to docket and complaints to foreclose a lien. If the court determines that the papers filed do not comply with all statutory and Rule requirements, it may give notice to the plaintiff that the action will be dismissed without prejudice if the plaintiff does not demonstrate within 30 days that the papers are legally sufficient or that the deficiency has been cured.”
2011 Orders
The October 11, 2011, order, added the cross reference following section (b)(1); rewrote section (b)(5); and added the cross reference following section (b)(8). Prior to amendment, section (b)(5) read:
“(5) an affidavit with respect to any defendant who is an individual that the individual is not in the military service of the United States as defined in the Servicemembers Civil Relief Act, 50 U.S.C. app. §§ 501 et seq. , or that the action is authorized by the Act;”
2013 Orders
The May 1, 2013, order, amended the Rule to add certain exhibits to section (b); to add language to section (b) referring to a certain exception; to add language to subsection (b)(7) referring to certain lien instruments; to add a new section (c) limiting the application of section (b); to correct internal references; and to make stylistic changes.
Prior Rules:
Rule 14-207, adopted June 5, 1996, effective January 1, 1997, related to the sale of real property involved in a foreclosure, rescinded February 10, 2009, effective May 1, 2009. See Md. Rules 14-101, 14-214, and 14-215.
MD Rules, Rule 14-207, MD R PROP SALES Rule 14-207
Current with amendments received through December 15, 2019.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.