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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0353*
SENATE BILL 353
N1 6lr2472
SB 682/25 – JPR CF 6lr1056
By: Senator Charles
Introduced and read first time: January 23, 2026
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Real Property – Residential Foreclosures – Commencement Restrictions 2
FOR the purpose of establishing certain restrictions for the commencement of a foreclosure 3
and an order to docket or a complaint to foreclose a mortgage or deed of trust on 4
residential property; and generally relating to an action to foreclose a mortgage or 5
deed of trust on residential property. 6
BY repealing and reenacting, without amendments, 7
Article – Real Property 8
Section 7–105.1(a)(1), (8), and (12) and (b) 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2025 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Real Property 13
Section 7–105.1(e) 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2025 Supplement) 16
BY adding to 17
Article – Real Property 18
Section 7–105.1(e–1) 19
Annotated Code of Maryland 20
(2023 Replacement Volume and 2025 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Real Property 24
7–105.1. 25
2 SENATE BILL 353
(a) (1) In this section the following words have the meanings indicated. 1
(8) “Owner–occupied residential property” means residential property in 2
which at least one unit is occupied by an individual who: 3
(i) Has an ownership interest in the property; and 4
(ii) Uses the property as the individual’s primary residence. 5
(12) “Residential property” means real property improved by four or fewer 6
single family dwelling units that are designed principally and are intend ed for human 7
habitation. 8
(b) (1) Except as provided in paragraph (2) of this subsection, an action to 9
foreclose a mortgage or deed of trust on residential property may not be filed until the later 10
of: 11
(i) 90 days after a default in a condition on whi ch the mortgage or 12
deed of trust provides that a sale may be made; or 13
(ii) 45 days after the notice of intent to foreclose required under 14
subsection (c) of this section is sent. 15
(2) (i) The secured party may petition the circuit court for leave to 16
immediately commence an action to foreclose the mortgage or deed of trust if: 17
1. The loan secured by the mortgage or deed of trust was 18
obtained by fraud or deception; 19
2. No payments have ever been made on the loan secured by 20
the mortgage or deed of trust; 21
3. The property subject to the mortgage or deed of trust has 22
been destroyed; 23
4. The default occurred after the stay has been lifted in a 24
bankruptcy proceeding; or 25
5. The property subject to the mortgage or deed of trust is 26
property that is vacant and abandoned as provided under § 7–105.18 of this subtitle. 27
(ii) The court may rule on the petition with or without a hearing. 28
(iii) If the petition is granted: 29
SENATE BILL 353 3
1. The action may be filed at any time after a default in a 1
condition on which the mortgage or deed of trust provides that a sale may be made; and 2
2. The secured party need not send the written notice of 3
intent to foreclose required under subsection (c) of this section. 4
(e) An order to docket or a complaint to foreclose a mortgage or deed of trust on 5
residential property shall: 6
(1) Include: 7
(i) If applicable, the license number of: 8
1. The mortgage originator; and 9
2. The mortgage lender; and 10
(ii) An affidavit stating: 11
1. The date on which the default occurred and the nature of 12
the default; and 13
2. If applicable, that: 14
A. A notice of intent to foreclose was sent to the mortgagor or 15
grantor in accordance with subsection (c) of this section and the date on which the notice 16
was sent; and 17
B. At the time the notice of intent to foreclose was sent, the 18
contents of the notice of intent to foreclose were accurate; [and] 19
(2) Be accompanied by: 20
(i) The original or a certified copy of the mortgage or deed of trust; 21
(ii) A statement of the debt remaining due and payable supported by 22
an affidavit of the plaintiff or the secured party or the agent or attorney of the plaintiff or 23
secured party; 24
(iii) A copy of the debt instrument accompanied by an affidavit 25
certifying ownership of the debt instrument; 26
(iv) If applicable, the original or a certified copy of the assignment of 27
the mortgage for purposes of foreclosure or the deed of appointment of a substitute trustee; 28
(v) If any defendant is an individual, an affidavit that is in 29
compliance with § 521 of the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq.; 30
4 SENATE BILL 353
(vi) If applicable, a copy of the notice of intent to foreclose; 1
(vii) If the secured party and m ortgagor or grantor have elected to 2
participate in prefile mediation, the report of the prefile mediation issued by the Office of 3
Administrative Hearings; 4
(viii) If the secured party and the mortgagor or grantor have not 5
elected to participate in prefile mediation, a statement that the parties have not elected to 6
participate in prefile mediation; 7
(ix) In addition to any other filing fees required by law, a filing fee in 8
the amount of $450; and 9
(x) 1. If the loss mitigation analysis has been completed subject 10
to subsection (g) of this section, a final loss mitigation affidavit in the form prescribed by 11
regulation adopted by the Commissioner of Financial Regulation; and 12
2. If the loss mitigation analysis has not been completed, a 13
preliminary loss mitigation affidavit in the form prescribed by regulation adopted by the 14
Commissioner of Financial Regulation; AND 15
(3) BE COMMENCED NOT LATER THAN 10 YEARS AFTER THE DATE OF 16
DEFAULT CLAIMED IN THE ORDER TO DOCKET OR COMPLAINT TO FORECLOSE. 17
(E–1) IF A FORECLOSURE IS C OMMENCED BY A SECURE D PARTY THAT 18
ACQUIRED DEBT THAT W AS IN DEFAULT FOR 5 OR MORE YEARS BEFORE THE 19
ACQUISITION, THE SECURED PARTY SH ALL PRESENT THE DOCU MENTS REQUIRED 20
UNDER § 5–1203(B) OF THE COURTS ARTICLE WITH THE ORDE R TO DOCKET OR 21
COMPLAINT TO FORECLOSE. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 23
1, 2026. 24