Maryland Code § RP-7-105.1

Section RP-7-105.1
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(a) (1) In this section the following words have the meanings indicated.
(2) (i) "Certified community development financial institution"
means a community development financial institution that is certified by the
Community Development Financial Institutions Fund in the U.S. Department of the
Treasury under 12 U.S.C. § 4701 et seq.
(ii) "Certified community development financial institution"
includes any company that controls, is controlled by, or is under common control with
a certified community development financial institution.
(3) "Final loss mitigation affidavit" means an affidavit that:
(i) Is made by a person authorized to act on behalf of a secured
party of a mortgage or deed of trust on owner-occupied residential property that is
the subject of a foreclosure action;
(ii) Certifies the completion of the final determination of loss
mitigation analysis in connection with the mortgage or deed of trust; and
(iii) If denied, provides an explanation for the denial of a loan
modification or other loss mitigation.
(4) "Foreclosure mediation" means a conference at which the parties
in a foreclosure action, their attorneys, additional representatives of the parties, or a
combination of those persons appear before an impartial individual to discuss the

positions of the parties in an attempt to reach agreement on a loss mitigation program
for the mortgagor or grantor.
(5) "Housing counseling services" means assistance provided to
mortgagors or grantors by nonprofit and governmental entities that are identified on
a list maintained by the Department of Housing and Community Development.
(6) "Loss mitigation analysis" means an evaluation of the facts and
circumstances of a loan secured by owner-occupied residential property to determine:
(i) Whether a mortgagor or grantor qualifies for a loan
modification; and
(ii) If there will be no loan modification, whether any other loss
mitigation program may be made available to the mortgagor or grantor.
(7) "Loss mitigation program" means an option in connection with a
loan secured by owner-occupied residential property that:
(i) Avoids foreclosure through loan modification or other
changes to existing loan terms that are intended to allow the mortgagor or grantor to
stay in the property;
(ii) Avoids foreclosure through a short sale, deed in lieu of
foreclosure, or other alternative that is intended to simplify the mortgagor's or
grantor's relinquishment of ownership of the property; or
(iii) Lessens the harmful impact of foreclosure on the
mortgagor or grantor.
(8) "Owner-occupied residential property" means residential
property in which at least one unit is occupied by an individual who:
(i) Has an ownership interest in the property; and
(ii) Uses the property as the individual's primary residence.
(9) "Postfile mediation" means foreclosure mediation that occurs in
accordance with subsection (j) of this section after the date on which the order to
docket or complaint to foreclose is filed.
(10) "Prefile mediation" means foreclosure mediation that occurs in
accordance with subsection (d) of this section before the date on which the order to
docket or complaint to foreclose is filed.

(11) "Preliminary loss mitigation affidavit" means an affidavit that:
(i) Is made by a person authorized to act on behalf of a secured
party of a mortgage or deed of trust on owner-occupied residential property that is
the subject of a foreclosure action;
(ii) Certifies the status of an incomplete loss mitigation
analysis in connection with the mortgage or deed of trust; and
(iii) Includes reasons why the loss mitigation analysis is
incomplete.
(12) "Residential property" means real property improved by four or
fewer single family dwelling units that are designed principally and are intended for
human habitation.
(b) (1) Except as provided in paragraph (2) of this subsection, an action
to foreclose a mortgage or deed of trust on residential property may not be filed until
the later of:
(i) 90 days after a default in a condition on which the
mortgage or deed of trust provides that a sale may be made; or
(ii) 45 days after the notice of intent to foreclose required
under subsection (c) of this section is sent.
(2) (i) The secured party may petition the circuit court for leave
to immediately commence an action to foreclose the mortgage or deed of trust if:
1. The loan secured by the mortgage or deed of trust
was obtained by fraud or deception;
2. No payments have ever been made on the loan
secured by the mortgage or deed of trust;
3. The property subject to the mortgage or deed of trust
has been destroyed;
4. The default occurred after the stay has 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 § 7-105.18 of this
subtitle.
(ii) The court may rule on the petition with or without a
hearing.
(iii) If the petition is granted:
1. The action may be filed at any time after a default
in a condition on which the mortgage or deed of trust provides that a sale may be
made; and
2. The secured party need not send the written notice
of intent to foreclose required under subsection (c) of this section.
(b-1) (1) This subsection applies only to an action for the foreclosure of a
mortgage or deed of trust on an owner-occupied residential property.
(2) Notwithstanding any other law, the court shall stay the
proceedings if the defendant presents evidence satisfactory to the court that the
defendant is:
(i) An employee of the federal or State government or an
employee of a local government in the State; and
(ii) Involuntarily furloughed from work without pay because of
a government shutdown, regardless of whether the employee is required to report to
work during the furlough.
(3) (i) Subject to subparagraph (ii) of this paragraph, a stay under
this subsection shall be granted for a time that the court considers reasonable.
(ii) A stay under this subsection may not be granted for a
period that ends more than 30 days after the end of the government shutdown
without a showing of sufficient cause by a party to the action.
(c) (1) Except as provided in subsection (b)(2)(iii) of this section, at least
45 days before the filing of an action to foreclose a mortgage or deed of trust on
residential property, the secured party shall send a written notice of intent to
foreclose to the mortgagor or grantor and the record owner.
(2) The notice of intent to foreclose shall be sent:

(i) By certified mail, postage prepaid, return receipt
requested, bearing a postmark from the United States Postal Service; and
(ii) By first-class mail.
(3) A copy of the notice of intent to foreclose shall be sent to the
Commissioner of Financial Regulation.
(4) The notice of intent to foreclose shall:
(i) Be in the form that the Commissioner of Financial
Regulation prescribes by regulation; and
(ii) Contain:
1. The name and telephone number of:
A. The secured party;
B. The mortgage servicer, if applicable; and
C. An agent of the secured party who is authorized to
modify the terms of the mortgage loan;
2. The name and license number of the Maryland
mortgage lender and mortgage originator, if applicable;
3. The amount required to cure the default and
reinstate the loan, including all past due payments, penalties, and fees;
4. A statement recommending that the mortgagor or
grantor seek housing counseling services;
5. The telephone number and the Internet address of
nonprofit and government resources available to assist mortgagors and grantors
facing foreclosure, as identified by the Commissioner of Financial Regulation;
6. An explanation of the Maryland foreclosure process
and time line, as prescribed by the Commissioner of Financial Regulation; and
7. Any other information that the Commissioner of
Financial Regulation requires by regulation.

(5) For an owner-occupied residential property, the notice of intent
to foreclose shall be accompanied by:
(i) A loss mitigation application:
1. For loss mitigation programs that are applicable to
the loan secured by the mortgage or deed of trust that is the subject of the foreclosure
action; or
2. If the secured party does not have its own loss
mitigation application, in the form prescribed by the Commissioner of Financial
Regulation;
(ii) Instructions for completing the loss mitigation application
and a telephone number to call to confirm receipt of the application;
(iii) A description of the eligibility requirements for the loss
mitigation programs offered by the secured party that may be applicable to the loan
secured by the mortgage or deed of trust that is the subject of the foreclosure action;
(iv) An envelope addressed to the person responsible for
conducting loss mitigation analysis on behalf of the secured party for the loan secured
by the mortgage or deed of trust that is the subject of the foreclosure action;
(v) If the secured party offers prefile mediation, a notice in the
form that the Commissioner of Financial Regulation prescribes by regulation that
states that:
1. The secured party offers prefile mediation;
2. The mortgagor or grantor may elect to participate in
prefile mediation;
3. The mortgagor or grantor will not be entitled to
postfile mediation if the mortgagor or grantor participates in prefile mediation, except
as otherwise provided in a prefile mediation agreement;
4. The mortgagor or grantor is required to participate
in housing counseling services as a precondition to prefile mediation; and
5. A fee will be charged for the prefile mediation and
the amount of the fee; and

(vi) If the secured party offers prefile mediation, an application
to participate in prefile mediation and instructions to complete and submit the
application, all in the form that the Commissioner of Financial Regulation prescribes
by regulation.
(6) For a property that is not an owner-occupied residential property,
the notice of intent to foreclose shall be accompanied by:
(i) A written notice of the determination that the property is
not owner-occupied residential property; and
(ii) A telephone number to call to contest that determination.
(d) (1) For owner-occupied residential property, a secured party may
offer to participate in prefile mediation with a mortgagor or grantor to whom the
secured party has delivered a notice of intent to foreclose.
(2) If offered by a secured party, a mortgagor or grantor may elect to
participate in prefile mediation.
(3) If a mortgagor or grantor elects to participate in prefile mediation,
the mortgagor or grantor shall notify the secured party by submitting the application
described in subsection (c)(5)(vi) of this section not more than 25 days after the date
on which the notice of intent to foreclose is mailed by the secured party.
(4) (i) As a precondition to prefile mediation, a mortgagor or
grantor shall participate in housing counseling services.
(ii) The Department of Housing and Community Development
shall prescribe the timing and form of certification of participation in housing
counseling services.
(5) If a mortgagor or grantor submits an application to participate in
prefile mediation to the secured party in accordance with paragraph (3) of this
subsection, the secured party shall notify the Office of Administrative Hearings not
more than 5 business days after the date on which the secured party receives the
application.
(6) The Office of Administrative Hearings shall:
(i) Schedule a prefile mediation session not more than 60 days
after the day on which it receives notice by a secured party of an election to participate
in prefile mediation; and

(ii) Notify the parties and their attorneys, if any, of the date of
the prefile mediation session.
(7) By regulation, the Commissioner of Financial Regulation shall:
(i) Establish the fee for prefile mediation; and
(ii) Prescribe the form and content of the notice about prefile
mediation, the application to participate in prefile mediation, and instructions to
complete the application.
(8) (i) Notwithstanding subsection (b)(1) of this section, if the
secured party and grantor or mortgagor elect to participate in prefile mediation, an
order to docket or complaint to foreclose may not be filed until the completion of
prefile mediation in accordance with this section.
(ii) The date that prefile mediation is completed is the date
that the Office of Administrative Hearings issues the report describing the results of
the prefile mediation.
(9) The fee for prefile mediation collected under this subsection shall
be distributed to the Housing Counseling and Foreclosure Mediation Fund
established under § 4-507 of the Housing and Community Development Article.
(10) By regulation, the Commissioner of Financial Regulation shall
establish a mediation checklist that describes the matters that shall be reviewed and
considered in a prefile mediation.
(11) (i) At the commencement of a prefile mediation session, each
party shall review the mediation checklist.
(ii) The mediator shall mark each item on the mediation
checklist as the item is addressed at the prefile mediation session.
(iii) At the conclusion of a prefile mediation session, each party
shall sign the mediation checklist.
(12) If the prefile mediation results in an agreement, the parties shall
execute a prefile mediation agreement.
(13) In addition to describing the terms of the agreement among the
parties, the prefile mediation agreement shall, in 14 point, bold font:

(i) Designate the person and address to whom the mortgagor
or grantor may provide notice of a change of financial circumstances; and
(ii) State that the mortgagor or grantor is not entitled to
postfile mediation unless otherwise agreed by the parties.
(14) The Office of Administrative Hearings shall draft the prefile
mediation agreement and provide a copy of the executed agreement to the parties and
their attorneys, if any.
(15) The Office of Administrative Hearings shall provide a report of
results of mediation to the parties and their attorneys, if any.
(16) If a mortgagor or grantor notifies the person designated under
paragraph (13) of this subsection of a change of financial circumstances, the designee
shall:
(i) Determine whether the change of financial circumstances
shall alter the mediation agreement or outcome of the prefile mediation; and
(ii) Notify the mortgagor or grantor of the determination by
first-class mail before any additional action is taken with respect to foreclosure.
(17) (i) The parties to the prefile mediation agreement may
execute an amended prefile mediation agreement based on a material change of
financial circumstances of the mortgagor or grantor.
(ii) The secured party shall provide a copy of the executed
amended agreement to the mortgagor or grantor.
(18) To the extent that a notice of intent to foreclose complies with this
section and otherwise is valid under the law, a notice of intent to foreclose issued with
respect to a property that has been the subject of prefile mediation continues to be
valid for 1 year after the date on which the initial prefile mediation agreement is
executed by the parties.
(19) Nothing in this subsection shall prohibit a secured party and
mortgagor or grantor from engaging in loss mitigation by other means.
(e) An order to docket or a complaint to foreclose a mortgage or deed of trust
on residential property shall:
(1) Include:

(i) If applicable, the license number of:
1. The mortgage originator; and
2. The mortgage lender; and
(ii) An affidavit stating:
1. The date on which the default occurred and the
nature of the default; and
2. If applicable, that:
A. A notice of intent to foreclose was sent to the
mortgagor or grantor in accordance with subsection (c) of this section and the date on
which the notice was sent; and
B. At the time the notice of intent to foreclose was sent,
the contents of the notice of intent to foreclose were accurate; and
(2) Be accompanied by:
(i) The original or a certified copy of the mortgage or deed of
trust;
(ii) A statement of the debt remaining due and payable
supported by an affidavit of the plaintiff or the secured party or the agent or attorney
of the plaintiff or secured party;
(iii) A copy of the debt instrument accompanied by an affidavit
certifying ownership of the debt instrument;
(iv) If applicable, the original or a certified copy of the
assignment of the mortgage for purposes of foreclosure or the deed of appointment of
a substitute trustee;
(v) If any defendant is an individual, an affidavit that is in
compliance with § 521 of the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501
et seq.;
(vi) If applicable, a copy of the notice of intent to foreclose;

(vii) If the secured party and mortgagor or grantor have elected
to participate in prefile mediation, the report of the prefile mediation issued by the
Office of Administrative Hearings;
(viii) If the secured party and the mortgagor or grantor have not
elected to participate in prefile mediation, a statement that the parties have not
elected to participate in prefile mediation;
(ix) In addition to any other filing fees required by law, a filing
fee in the amount of $450; and
(x) 1. If the loss mitigation analysis has been completed
subject to subsection (g) of this section, a final loss mitigation affidavit in the form
prescribed by regulation adopted by the Commissioner of Financial Regulation; and
2. If the loss mitigation analysis has not been
completed, a preliminary loss mitigation affidavit in the form prescribed by
regulation adopted by the Commissioner of Financial Regulation.
(f) Notwithstanding any other law, the court may not accept a lost note
affidavit in lieu of a copy of the debt instrument required under subsection (e)(2)(iii)
of this section, unless the affidavit:
(1) Identifies the owner of the debt instrument and states from whom
and the date on which the owner acquired ownership;
(2) States why a copy of the debt instrument cannot be produced; and
(3) Describes the good faith efforts made to produce a copy of the debt
instrument.
(g) Only for purposes of a final loss mitigation affidavit that is filed with an
order to docket or complaint to foreclose, a loss mitigation analysis is not considered
complete if the reason for the denial or determination of ineligibility is due to the
inability of the secured party to:
(1) Establish communication with the mortgagor or grantor; or
(2) Obtain all documentation and information necessary to conduct
the loss mitigation analysis.
(h) (1) A copy of the order to docket or complaint to foreclose on
residential property and all other papers filed with it in the form and sequence as
prescribed by regulations adopted by the Commissioner of Financial Regulation,

accompanied by the documents required under paragraphs (2), (3), and (4) of this
subsection, shall be served on the mortgagor or grantor by:
(i) Personal delivery of the papers to the mortgagor or grantor;
or
(ii) Leaving the papers with a resident of suitable age and
discretion at the mortgagor's or grantor's dwelling house or usual place of abode.
(2) The service of documents under paragraph (1) of this subsection
shall be accompanied by a separate, clearly marked notice, in the form prescribed by
regulation adopted by the Commissioner of Financial Regulation, that states:
(i) The significance of the order to docket or a complaint to
foreclose;
(ii) The options for the mortgagor or grantor to take, including
housing counseling services and financial assistance resources the mortgagor or
grantor may consult; and
(iii) In the case of a mortgagor or grantor who has participated
in prefile mediation, that the mortgagor or grantor is not entitled to postfile
mediation except as otherwise provided in the prefile mediation agreement.
(3) If the order to docket or complaint to foreclose is accompanied by
a preliminary loss mitigation affidavit, the service of documents under paragraph (1)
of this subsection shall be accompanied by a loss mitigation application form and any
other supporting documents as prescribed by regulation adopted by the
Commissioner of Financial Regulation.
(4) (i) Except as provided in subparagraph (ii) of this paragraph,
if the order to docket or complaint to foreclose is accompanied by a final loss
mitigation affidavit and concerns owner-occupied residential property, the service of
documents under paragraph (1) of this subsection shall be accompanied by a request
for postfile mediation form and any other supporting documents as prescribed by
regulation adopted by the Commissioner of Financial Regulation.
(ii) The order to docket or complaint to foreclose may exclude
the request for postfile mediation form if:
1. The mortgagor or grantor has participated in prefile
mediation and the prefile mediation agreement does not give the mortgagor or
grantor the right to participate in postfile mediation; or

2. The property subject to the mortgage or deed of trust
is not owner-occupied.
(5) If at least two good faith efforts to serve the mortgagor or grantor
under paragraph (1) of this subsection on different days have not succeeded, the
plaintiff may effect service by:
(i) Filing an affidavit with the court describing the good faith
efforts to serve the mortgagor or grantor; and
(ii) 1. Mailing a copy of all the documents required to be
served under paragraph (1) of this subsection by certified mail, return receipt
requested, and first-class mail to the mortgagor's or grantor's last known address
and, if different, to the address of the residential property subject to the mortgage or
deed of trust; and
2. Posting a copy of all the documents required to be
served under paragraph (1) of this subsection in a conspicuous place on the
residential property subject to the mortgage or deed of trust.
(6) The individual making service of documents under this
subsection shall file proof of service with the court in accordance with the Maryland
Rules.
(i) (1) If the order to docket or complaint to foreclose is accompanied by
a preliminary loss mitigation affidavit, the secured party, at least 30 days before the
date of a foreclosure sale, shall:
(i) File with the court a final loss mitigation affidavit in the
form prescribed by regulation adopted by the Commissioner of Financial Regulation;
and
(ii) Send to the mortgagor or grantor by first class and by
certified mail:
1. A copy of the final loss mitigation affidavit; and
2. A request for postfile mediation form and supporting
documents as provided under subsection (h)(4) of this section.
(2) A final loss mitigation affidavit shall be filed under this
subsection no earlier than 28 days after the order to docket or complaint to foreclose
is served on the mortgagor or grantor.

(j) (1) (i) This paragraph applies to a mortgagor or grantor who:
1. Has not participated in prefile mediation; or
2. Has participated in prefile mediation that resulted
in a prefile mediation agreement that gives the mortgagor or grantor the right to
participate in postfile mediation.
(ii) In a foreclosure action on owner-occupied residential
property, the mortgagor or grantor may file with the court a completed request for
postfile mediation not later than:
1. If the final loss mitigation affidavit was delivered
along with service of the copy of the order to docket or complaint to foreclose under
subsection (h) of this section, 25 days after that service on the mortgagor or grantor;
or
2. If the final loss mitigation affidavit was mailed as
provided in subsection (i) of this section, 25 days after the mailing of the final loss
mitigation affidavit.
(iii) 1. A request for postfile mediation shall be
accompanied by a filing fee of $50.
2. The court may reduce or waive the filing fee under
subsubparagraph 1 of this subparagraph if the mortgagor or grantor is eligible for a
reduction or waiver under the Maryland Legal Services guidelines.
(iv) The mortgagor or grantor shall mail a copy of the request
for postfile mediation to the secured party's foreclosure attorney.
(2) (i) The secured party may file a motion to strike the request
for postfile mediation in accordance with the Maryland Rules.
(ii) The motion to strike must be accompanied by an affidavit
that sets forth the reasons why postfile mediation is not appropriate.
(iii) The secured party shall mail a copy of the motion to strike
and the accompanying affidavit to the mortgagor or grantor.
(iv) There is a presumption that a mortgagor or grantor is
entitled to postfile mediation with respect to owner-occupied residential property
unless:

1. Good cause is shown why postfile mediation is not
appropriate; or
2. The mortgagor or grantor participated in prefile
mediation and the prefile mediation agreement does not give the mortgagor or
grantor the right to participate in postfile mediation.
(3) (i) The mortgagor or grantor may file a response to the motion
to strike within 15 days.
(ii) The mortgagor or grantor shall mail a copy of the response
to the foreclosure attorney.
(iii) If the court grants the motion to strike, the court shall
instruct the Office of Administrative Hearings to cancel any scheduled postfile
mediation.
(k) (1) Within 5 days after receipt of a request for postfile mediation, the
court shall transmit the request to the Office of Administrative Hearings for
scheduling.
(2) (i) Within 60 days after transmittal of the request for
foreclosure mediation, the Office of Administrative Hearings shall conduct a
foreclosure mediation.
(ii) For good cause, the Office of Administrative Hearings may
extend the time for completing the foreclosure mediation for a period not exceeding
30 days or, if all parties agree, for a longer period of time.
(3) The Office of Administrative Hearings shall send notice of the
scheduled foreclosure mediation to the foreclosure attorney, the secured party, and
the mortgagor or grantor.
(4) The notice from the Office of Administrative Hearings shall:
(i) Include instructions regarding the documents and
information, as required by regulations adopted by the Commissioner of Financial
Regulation, that must be provided by each party to the other party and to the
mediator; and
(ii) Require the information and documents to be provided no
later than 20 days before the scheduled date of the foreclosure mediation.

(l) (1) (i) By regulation, the Commissioner of Financial Regulation
shall establish a mediation checklist that describes the matters that shall be reviewed
and considered in a postfile mediation.
(ii) At the commencement of a postfile mediation session, each
party shall review the mediation checklist.
(iii) The mediator shall mark each item on the mediation
checklist as the item is addressed at the postfile mediation session.
(iv) At the conclusion of a postfile mediation session, each party
shall sign the mediation checklist.
(2) At a foreclosure mediation:
(i) The mortgagor or grantor shall be present;
(ii) The mortgagor or grantor may be accompanied by a
housing counselor and may have legal representation;
(iii) The secured party, or a representative of the secured party,
shall be present; and
(iv) Any representative of the secured party must have the
authority to settle the matter or be able to readily contact a person with authority to
settle the matter.
(3) At the foreclosure mediation, the parties and the mediator shall
address loss mitigation programs that may be applicable to the loan secured by the
mortgage or deed of trust that is the subject of the foreclosure action.
(4) The Office of Administrative Hearings shall file a report with the
court that states the outcome of the request for foreclosure mediation within the
earlier of:
(i) 7 days after a foreclosure mediation is held; or
(ii) The end of the 60-day mediation period specified in
subsection (k)(2) of this section, plus any extension granted by the Office of
Administrative Hearings.
(5) Except for a request for postponement or a failure to appear, the
rules of procedure for contested cases of the Office of Administrative Hearings do not
govern a foreclosure mediation conducted by the Office.

(m) (1) If the parties do not reach an agreement at the postfile mediation,
or the 60-day mediation period expires without an extension granted by the Office of
Administrative Hearings, the foreclosure attorney may schedule the foreclosure sale.
(2) (i) In the case of postfile mediation, subject to subparagraphs
(ii) and (iii) of this paragraph, the mortgagor or grantor may file a motion to stay the
foreclosure sale.
(ii) A motion to stay under this paragraph shall be filed within
15 days after:
1. The date the postfile mediation is held; or
2. If no postfile mediation is held, the date the Office of
Administrative Hearings files its report with the court.
(iii) A motion to stay under this paragraph must allege specific
reasons why loss mitigation should have been granted.
(3) Nothing in this subtitle precludes the mortgagor or grantor from
pursuing any other remedy or legal defense available to the mortgagor or grantor.
(n) A foreclosure sale of residential property may not occur until:
(1) If the residential property is not owner-occupied residential
property, at least 45 days after service of process is made under subsection (h) of this
section;
(2) If the residential property is owner-occupied residential property
and foreclosure mediation is not held, the later of:
(i) At least 45 days after service of process that includes a final
loss mitigation affidavit made under subsection (h) of this section; or
(ii) At least 30 days after a final loss mitigation affidavit is
mailed under subsection (i) of this section; and
(3) If the residential property is owner-occupied residential property
and postfile mediation is requested, at least 15 days after:
(i) The date the postfile mediation is held; or

(ii) If no postfile mediation is held, the date the Office of
Administrative Hearings files its report with the court.
(n-1) (1) If a certified community development financial institution makes
an offer to a secured party to purchase owner-occupied residential property for the
purpose of transferring the property to the immediately preceding mortgagor or
grantor, no person may require, as a condition of a sale or transfer of the property to
the certified community development financial institution, any affidavit, statement,
agreement, or addendum that limits ownership or occupancy of the property by the
immediately preceding mortgagor or grantor.
(2) Any affidavit, statement, agreement, or addendum that limits
ownership or occupancy of owner-occupied residential property by the immediately
preceding mortgagor or grantor:
(i) May not serve as a basis to avoid a sale or transfer of the
property to a certified community development financial institution; and
(ii) Is unenforceable against any person named in the affidavit,
statement, agreement, or addendum.
(o) Notice of the time, place, and terms of a foreclosure sale shall be
published in a newspaper of general circulation in the county where the action is
pending at least once a week for 3 successive weeks, the first publication to be not
less than 15 days before the sale and the last publication to be not more than 1 week
before the sale.
(p) (1) The mortgagor or grantor of residential property has the right to
cure the default by paying all past due payments, penalties, and fees and reinstate
the loan at any time up to 1 business day before the foreclosure sale occurs.
(2) The secured party or an authorized agent of the secured party
shall, on request, provide to the mortgagor or grantor or the mortgagor's or grantor's
attorney within a reasonable time the amount necessary to cure the default and
reinstate the loan and instructions for delivering the payment.
(q) An action for failure to comply with the provisions of this section shall
be brought within 3 years after the date of the order ratifying the sale.
(r) Revenue collected from the filing fees required under subsections
(e)(2)(ix) and (j)(1)(iii) of this section shall be distributed to the Housing Counseling
and Foreclosure Mediation Fund established under § 4-507 of the Housing and
Community Development Article.

(s) The Commissioner of Financial Regulation may adopt additional
regulations necessary to carry out the requirements of this section.

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