Foreclosure Cases During Phase 4 of the Judiciary's Reopening Plan

Topics on this page:

 

Foreclosure Stay

Foreclosures and Ejectments can resume on July 25, 2020, meaning these matters can be heard beginning on July 25, 2020. New cases that are filed after May 22, 2020 were stayed upon filing until July 25, 2020.

Various federal moratoriums are in effect until the end of 2020. A foreclosure moratorium is in effect for mortgages secured by the Federal Housing Administration, Fannie Mae, and Freddie Mac.

Persons seeking to advance a foreclosure or tax sale case that was initiated or pending during the emergency period may file a Declaration of Exemption from Moratorium.

Read the Administrative Order: Second Amended Administrative Order Lifting the Suspension During the COVID-19 Emergency of Foreclosures, Evictions, and Other Ejectments Involving Residences

 

Water, electricity or other utilities 

Governor Larry Hogan has issued an order that no electric, gas, sewage disposal, telephone, water, cable, or internet provider can terminate your service if it is being used in your home, until the health emergency is over, but no later than September 1, 2020.

A company providing those services cannot charge you a late fee during the health emergency.

NOTE: The Public Service Commission has extended the prohibition against terminations of gas, electric, and certain water utilities through November 15, 2020. However, there are some steps you must take. Read the Press Release for more information.

Read the Executive Order: Order of the Governor of the State of Maryland, Number 20-07-31-01, Amending and Restating the Order Dated June 29,2020 Prohibiting Termination of Residential Services and Late Fees

 

Filing Court Documents

Clerks offices are open. Be aware that individual courts and jurisdictions may adjust phases depending on the current state of COVID-19 throughout Maryland. Check for local closure notices and updates.

  • MDEC is available for electronic filing. Learn more about MDEC.
  • Drop Box - Drop boxes may be available at court locations. Check your local court's website for more information.
  • Virtual Drop Box - Non-MDEC jurisdictions (Baltimore City, Montgomery County, and Prince George's County) may still make "virtual drop boxes" available for filings through Phase 4. Check your local court's website for information about availability and additional details.

 

Filing deadlines and statutes of limitations 

New Cases – The Court extended the deadline to initiate new matters.

  • Deadlines established by Maryland law or court rules about when you must file new matters in the Maryland state courts, including statutes of limitations, are tolled or suspended effective March 16, 2020.
  • The deadlines are tolled or suspended by the number of days the courts are closed plus an additional 15 days.
  • The number of days that the courts are closed means March 16, 2020 through July 20, 2020, which are the number of days that the offices of the clerks of the court are closed due to the COVID-19 health emergency. This time (March 16 – July 20) does not count against the time remaining to start a new case.
  • More information, including an example, is available on the Maryland Courts website.

Pending Cases - The Court extended the deadline for hearings and other judicial proceedings in existing cases.

  • Deadlines established by Maryland law or court rules in existing cases are tolled or suspended effective March 16 by the number of days the courts are closed plus an additional 60 days.
  • The number of days that the courts are closed means March 16, 2020 through July 20, 2020, which are the number of days that the offices of the clerks of the court are closed due to the COVID-19 health emergency. This time (March 16 – July 20) does not count against the time remaining to conduct judicial proceedings.
  • These proceedings will be scheduled at a future date. Other deadlines remain in effect.
  • See the Maryland Courts website for more information, including examples.

Scheduling Orders - If you have a scheduling order in a civil or family law case and you want the court to consider changes to that order, submit a motion to the court. The court will consider your request.

No Dismissals for Lack of Jurisdiction or Prosecution - Under normal circumstances the court may dismiss a civil case for lack of jurisdiction (failure to serve the defendant within a specific time) or lack of prosecution (failure to take any action within 1 year). The court will recalculate when cases are eligible to be dismissed for these reasons in light of the modified deadlines.

Read the Administrative Order: Second Revised Administrative Order on the Emergency Tolling or Suspension of Statutes of Limitations and Statutory and Rules Deadlines Related to the Initiation of Matters and Certain Statutory and Rules Deadlines in Pending Matters

Source
Information on this page was adapted from the Maryland Courts Information for the Public page.
Source URL: https://dev.peoples-law.org/foreclosure-cases-covid-19-court-closure

List of links present in page
  1. https://dev.peoples-law.org/foreclosure-cases-covid-19-court-closure
  2. #stay
  3. #utilities
  4. #filing-documents
  5. #deadlines
  6. https://www.hud.gov/press/press_releases_media_advisories/HUD_No_20_134
  7. https://www.fhfa.gov/Media/PublicAffairs/Pages/FHFA-Extends-Foreclosure-and-REO-Eviction-Moratoriums.aspx
  8. https://mdcourts.gov/sites/default/files/admin-orders/20200811secondamendedorderliftingthesuspensionduringthecovid19emergencyofforeclosuresevictionsandotherejectmentsinvolvingresidences.pdf
  9. https://governor.maryland.gov/wp-content/uploads/2020/07/Utility-Shutoffs-and-Late-Fees-4th-Amended-7.31.20.pdf
  10. https://www.psc.state.md.us/wp-content/uploads/MD-PSC-Prohibits-Residential-Utility-Terminations-through-11152020.pdf
  11. https://governor.maryland.gov/wp-content/uploads/2020/07/Utility-Shutoffs-and-Late-Fees-4th-Amended-7.31.20.pdf
  12. https://mdcourts.gov/coronaviruslocationupdates
  13. https://mdcourts.gov/mdec/efiling
  14. https://mdcourts.gov/coronavirusinformationforpublic
  15. https://mdcourts.gov/coronavirusinformationforpublic
  16. https://mdcourts.gov/sites/default/files/admin-orders/20200603secondrevisedemergencytollingorsuspensionofstatutesoflimitationanddeadlines.pdf