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RULE 14-209. SERVICE IN ACTIONS TO FORECLOSE ON RESIDENTIAL PROPERTY; NOTICE

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 14. Sales of Property
Chapter 200. Foreclosure of Lien Instruments (Refs & Annos)
Effective: July 1, 2023
MD Rules, Rule 14-209
RULE 14-209. SERVICE IN ACTIONS TO FORECLOSE ON RESIDENTIAL PROPERTY; NOTICE
(a) Service on Borrower and Record Owner by Personal Delivery. When an action to foreclose a lien on residential property is filed, the plaintiff shall serve on the borrower and the record owner a copy of all papers filed to commence the action, accompanied (1) by the documents required by Code, Real Property Article, § 7-105.1 (h) and (2) if the action to foreclose is based on a certificate of vacancy or a certificate of property unfit for human habitation issued pursuant to Code, Real Property Article, § 7-105.13, by a copy of the certificate and a description of the procedure to challenge the certificate. Except as otherwise provided by section (b) of this Rule, service shall be by personal delivery of the papers or by leaving the papers with a resident of suitable age and discretion at the dwelling house or usual place of abode of each person served.
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.
(b) Service on Borrower and Record Owner by Mailing and Posting. If on at least two different days a good faith effort to serve a borrower or record owner pursuant to section (a) of this Rule was not successful, the plaintiff shall effect service by (1) mailing, by certified and first-class mail, a copy of all papers filed to commence the action, accompanied by the documents required by Code, Real Property Article, § 7-105.1 (h), to the last known address of each borrower and record owner and, if the person's last known address is not the address of the residential property, also to that person at the address of the property; and (2) posting a copy of the papers in a conspicuous place on the residential property. Service is complete when the property has been posted and the mailings have been made in accordance with this section.
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.
(c) Notice to All Occupants by First-Class Mail. When an action to foreclose on residential property is filed, the plaintiff shall send by first-class mail addressed to “All Occupants” at the address of the property the notice required by Code, Real Property Article, § 7-105.11 (b).
(d) If Notice Required by Local Law. When an action to foreclose on residential property is filed with respect to a property located within a county or a municipal corporation that, under the authority of Code, Real Property Article, § 7-105.3 (c), has enacted a local law that was in effect as of October 1, 2012 requiring notice of the commencement of a foreclosure action, the plaintiff shall give the notice in the form and manner required by the local law. If the local law does not provide for the manner of giving notice, the notice shall be sent by first-class mail.
(e) Affidavit of Service, Mailing, and Notice.
(1) Time for Filing. An affidavit of service under section (a) or (b) of this Rule and mailing under section (c) of this Rule, and notice under section (d) of this Rule shall be filed promptly and in any event before the date of the sale.
(2) Service by an Individual Other Than a Sheriff. If service is made by an individual other than a sheriff, the affidavit shall include, in addition to other requirements contained in this section, the name, address, and telephone number of the affiant and a statement that the affiant is 18 years of age or older.
(3) Contents of Affidavit of Service by Personal Delivery. An affidavit of service by personal delivery shall set forth the name of the person served and the date and particular place of service. If service was effected on a person other than the borrower or record owner, the affidavit also shall include a description of the individual served (including the individual's name and address, if known) and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion.
(4) Contents of Affidavit of Service by Mailing and Posting. An affidavit of service by mailing and posting shall (A) describe with particularity the good faith efforts to serve the borrower or record owner by personal delivery; (B) state the date on which the required papers were mailed by certified and first-class mail and the name and address of the addressee; and (C) include the date of the posting and a description of the location of the posting on the property.
(5) Contents of Affidavit of Notice Required by Local Law. An affidavit of the sending of a notice required by local law shall (A) state (i) the date the notice was given, (ii) the name and business address of the person to whom the notice was given, (iii) the manner of delivery of the notice, and (iv) a reference to the specific local law of the county or municipal corporation, or both, requiring the notice and (B) be accompanied by a copy of the notice that was given.
Cross reference: See the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq.
Source: This Rule is derived in part from the 2008 version of former Rule 14-204 (b) and is in part new.

Credits

[Adopted Feb. 10, 2009, eff. May 1, 2009. Amended June 16, 2009, eff. June 17, 2009; Oct. 11, 2011, eff. Nov. 1, 2011; March 11, 2013, eff. May 1, 2013; June 29, 2020, eff. Aug. 1, 2020; April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 14-209, MD R PROP SALES Rule 14-209
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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