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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Gentlemen: My home was scheduled to be foreclosed on back in

Customer Question

My home was scheduled to be foreclosed on back in November 2014. To stop the foreclosure, I was advised to file bankruptcy on the day it was scheduled because the Company I paid to work out a modification for me, neglected to tell me that a sale date had been scheduled. The bankruptcy stopped the foreclosure. I hired another company to work on getting me a modification after the first Company strewed up. Now, here I am again, facing foreclosure, which I was just informed is scheduled for December 1st, by the new Company I hired! I am informed that this time, the Foreclosure Lender/Attorney only had to place the sale date in a local newspaper, and that they did not have to let me know anything at all (no Foreclosure Notice, Letter, nothing)! Is this legal in Maryland?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Maryland is a "Judicial Foreclosure" state, which means that the bank/lender must file a foreclosure action in civil court in order to get a sale order. If you are not either representing yourself, or have an attorney representing you in this foreclosure action, you will not be getting notices of what is going on!

Be very cautious with non-attorney "foreclosure defense companies" - some are useful to help you negotiate your situation with the lender, but if you are actually in a foreclosure suit and/or in bankruptcy, you need a lawyer (or possibly more than one) to represent you. Many of these companies do their customers a huge disservice by ignoring the legal process in the hopes that the lender will agree to a modification in time to stop the sale process. This is foolish and it leads to many upset former homeowners who find their home foreclosed on (the sale actually occurs), and they are being evicted by the new owner. At this point, it is too late for an attorney to help reverse the sale and the homeowner often has exhausted all of their financial resources in a failed attempt to negotiate.