Closure Forms
Closure Forms
You are at risk of losing your home to foreclosure. You have missed one or more
payments on your mortgage loan or you are otherwise in default. If you do not bring the loan
current, otherwise cure the default, or reach an agreement with your mortgage company to avoid
foreclosure (such as a loan modification, repayment plan, or other alternative to foreclosure), a
foreclosure action may be filed in court as early as 45 days from the post mark date of this Notice.
There may be options available to avoid foreclosure, but you must act immediately.
You should seek housing counseling services now.
■ Complete the enclosed Loss Mitigation Application according to its instructions and
include copies of all requested documents.
■ Mail your completed Loss Mitigation Application and the accompanying documents
using the addressed envelope provided.
If you have already sent a Loss Mitigation Application to your mortgage company, please
call your mortgage company at the number above to confirm the status of your request.
Beware of anyone offering to “save” your home or requesting an upfront fee before providing
assistance. If you believe you have been a victim of a scam, please contact Maryland's office of
the Commissioner of Financial Regulation by calling 410-230-6077 or visiting
www.dllr.state.md.us/finance. Free resources are available at the Maryland HOPE Hotline at 1-
877-462-7555 or go to www.MDHOPE.org. Attached is a list of government and nonprofit
foreclosure-related resources available to help you.
If you have funds available to bring your loan current, contact [insert contact person to provide
reinstatement figure and instructions to reinstate the loan] before sending any money to your
mortgage company. When you call, ask for the amount needed to reinstate your loan.
APPENDIX A (Page 2 of 3)
THE MARYLAND
FORECLOSURE PROCESS AND TIME LINE
[Owner-Occupied - Mortgage Loan Default - No Offer of Prefile Mediation]
A Notice of Intent to Foreclose is enclosed with this document. In this Notice you will find
specific information about your mortgage, an application for loss mitigation, and instructions to
complete the application. THIS IS NOT YET A FORECLOSURE FILING. A foreclosure
action, called an order to docket or complaint to foreclose (the "OTD"), may not be filed against
you in court until at least 45 days after this Notice was mailed. The OTD must be filed in Circuit
Court in order to move forward with foreclosure proceedings.
The OTD cannot be filed until your loan is 90 days past due, and you have been sent this Notice.
You will receive a copy of the OTD and it will include one of the following affidavits:
1. Preliminary Loss Mitigation Affidavit, which will be filed with the OTD if the
mortgage company has not started or completed the review of your loan for
foreclosure alternatives known as loss mitigation. An application for loss mitigation
will be included in the OTD. Complete and return the application immediately;
OR
2. Final Loss Mitigation Affidavit, which will be filed with the OTD if the mortgage
company believes it has no available alternatives to foreclosure. This affidavit will
come with a “Request for Postfile Foreclosure Mediation,” an application, and
instructions. You have only 25 days to request foreclosure mediation after you
receive these documents. To request foreclosure mediation you must send the
completed application with a non-refundable fee of $50 to the Circuit Court.
* If your order to docket includes a Preliminary Loss Mitigation Affidavit, open all future
mail because you may receive a Final Loss Mitigation Affidavit in as soon as 28 days.
Foreclosure Mediation:
You will have the opportunity to request foreclosure mediation after you receive the Final Loss
Mitigation Affidavit. Foreclosure mediation is a process that allows you, a representative from
your mortgage company, and a neutral third party mediator from the Maryland Office of
Administrative Hearings to meet and discuss alternatives to foreclosure. The goal of foreclosure
mediation is to help you avoid foreclosure. At mediation, you and your mortgage company may
agree to an option to avoid foreclosure. However, making a request for foreclosure mediation
does not guarantee a loan modification or other relief.
[Note type of default by inserting one or both of the following two default statements: (1) Your
mortgage loan payment is currently [insert number of days payment past due] past due and is in
default. (2) Your mortgage loan is in default because [insert type of default other than a past-due
payment]: _____________________________________________________________________
_____________________________________________________________________________]
You are at risk of losing your home to foreclosure. You have missed one or more
payments on your mortgage loan or you are otherwise in default. If you do not bring the loan
current, or reach an agreement with your mortgage company to avoid foreclosure (such as a loan
modification, repayment plan, or other alternative to foreclosure), a foreclosure action may be filed
in court as early as 45 days from the post mark date of this Notice.
If you have funds available to bring your loan current, contact [insert contact person to provide
reinstatement figure and instructions to reinstate the loan] before sending any money to your
mortgage company. When you call, ask for the amount needed to reinstate your loan.
[Note type of default by inserting one or both of the following two default statements:] (1) Your
mortgage loan payment is currently [insert number of days payment past due] past due and is in
default. (2) Your mortgage loan is in default because [insert type of default other than a past-due
payment]: _____________________________________________________________________
______________________________________________________________________________
NOTE: The data contained in this Notice of Intent to Foreclose is electronically filed with
the Commissioner of Financial Regulation in accordance with COMAR 09.03.12.02.
SCHEDULE 1 TO APPENDIX A-1 (Page 1 of 8)
NOTICE OF INTENT TO
FORECLOSE
PREFILE MEDIATION
PACKET
Contains:
PLEASE NOTE: If you participate in prefile mediation now, you will not be
able to participate in postfile mediation later unless you and your mortgage
company agree to an additional mediation session and include the terms of
that arrangement in the prefile mediation agreement, if any.
SCHEDULE 1 TO APPENDIX A-1 (Page 3 of 8)
Application for Prefile Mediation: You have 25 calendar days from the postage date of
this packet to send the enclosed prefile mediation application to your mortgage company.
Date of Mediation Session: Once OAH receives the notice from your mortgage
company, it must conduct the mediation session within 60 days. This time frame may
seem like a long time, but before the mediation can occur you must first participate in
housing counseling services and submit documents regarding your finances. OAH will
send to the Maryland Department of Housing and Community Development your name,
address, the name of your mortgage company, and your loan number for purposes of
collecting a fee for the mediation from your mortgage company and sending you
information about resources available to you.
Housing Counseling: In order for you to participate in prefile mediation you must first
participate in housing counseling services. The purpose of housing counseling is to help
you prepare for your mediation session and gather the necessary documents. To find a
housing counselor near you please call 877-462-7555 or visit www.mdhope.org. If
SCHEDULE 1 TO APPENDIX A-1 (Page 4 of 8)
you have recently participated in housing counseling, please contact your housing
counselor for further guidance.
Document Exchange: At least 20 days before your mediation session you will be
required to submit documents that will help you, your mortgage company and the
mediator explore options to avoid foreclosure. The list of documents required is included
in this packet. Please begin to gather these documents right away. Your housing
counselor will review this list with you and help you put the package together.
Mediation that Results in a Prefile Mediation Agreement: If you and your mortgage
company agree to an option other than foreclosure at the mediation session, the mediator
from OAH will draft a "Prefile Mediation Agreement" between you and your mortgage
company.
o Comply with a Prefile Mediation Agreement: If you and your mortgage
company enter a Prefile Mediation Agreement, it is important that you fulfill any
promises you have made under the Agreement.
If you fail to fulfill your promises under the Prefile Mediation Agreement,
depending of the timing of your mediation session, the OTD may be filed as soon
as 45 days after this Notice and packet were mailed and 90 days after you first
missed your mortgage loan payment.
o Required Terms of the Prefile Mediation Agreement:
The Prefile Mediation Agreement must include the terms of your
agreement with your mortgage company.
The Prefile Mediation Agreement must include information about how
you may contact your mortgage company with updates about your
financial circumstances that may change your ability to comply with the
terms of the Prefile Mediation Agreement.
The Prefile Mediation Agreement must include a notice that you are not
entitled to additional foreclosure mediation unless you and your mortgage
company specifically agree and include the terms of this arrangement in
the Prefile Mediation Agreement.
o Mediation that does not Result in a Prefile Mediation Agreement. If you and
your mortgage company fail to come to an agreement, depending on the timing of
your prefile mediation session, the OTD may be filed as soon as 45 days after this
Notice and packet were mailed and your mortgage loan is 90 days past due.
Because you have participated in prefile mediation, you will not have the
opportunity to participate in an additional mediation session after the OTD
is filed, unless you and your mortgage company agree to the additional
session and include the terms of that arrangement in the Prefile Mediation
Agreement.
SCHEDULE 1 TO APPENDIX A-1 (Page 5 of 8)
Telephone ____________________________
____________________________
I/We, __________________________, certify that I/we live in the property related to this Application
listed in the address above.
_______________________ _______________________
Signature of Borrower Signature of Borrower
_______________________ _______________________
Printed Name Printed Name
_______ _______
Date Date
SCHEDULE 1 TO APPENDIX A-1 (Page 6 of 8)
If at least one borrower is willing and able to review and sign the Application and the other
borrower(s) is unavailable or unwilling to review or sign the Application, please explain the
circumstances in the space below:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________
Please provide a mailing address, telephone number, and email address if known, for any
additional borrowers who have not signed the Application:
_____________________________
_____________________________
_____________________________
_____________________________
SCHEDULE 1 TO APPENDIX A-1 (Page 7 of 8)
Mail completed and signed Application to your mortgage company to [the address below] [or in the
enclosed addressed envelope] within calendar 25 days from the postage post mark date of this Notice and
packet:
[If no addressed envelope is included, state name of secured party/representative of secured party and
address at which the secured party/representative of secured party will receive mediation applications.
Add address of law firm acting on behalf of the secured party, if applicable.]
It is best to send any mail relating to prefile mediation certified, return receipt requested.
Mail a copy of the completed and signed Application to the Maryland Department of Housing and
Community Development at the address below at the same time you mail the Application to your
mortgage company:
Keep a copy of the completed and signed Application plus any evidence of mailing.
Contact and meet with housing counselor. In order to participate in prefile mediation with your
mortgage company, you must participate in housing counseling before the mediation session. You should
contact a housing counselor immediately. To access free housing counseling services, call the
Maryland Hope Hotline at 1-877-462-7555 or www.mdhope.org. If you have participated in housing
counseling recently, contact your housing counselor for further guidance.
Check your mail for the Notice of Mediation from OAH. Your mortgage company is required to
send notice of your application to the Maryland Office of Administrative Hearings ("OAH") at which the
mediation will be conducted. Once OAH receives notice from your mortgage company that you have
agreed to mediation, the mediation session will be scheduled within 60 days. You may call [insert name
of representative of secured party] to confirm that your mortgage company has received your Application.
Submit any documents or information in advance of the Prefile Mediation Session, as instructed
by OAH. Your notice of the date, time and place of the Prefile Mediation session will include
instructions from OAH regarding documents and other information that must be submitted at least 20
days before the session. The list of documents required is included in this packet. Start gathering these
documents now.
Attend the Prefile Mediation session when it is scheduled. Your housing counselor will give you a
certificate of participation in housing counseling. Don’t' forget to bring the certificate with you, along
with any other documents related to your mortgage that your housing counselor recommends.
SCHEDULE 1 TO APPENDIX A-1 (Page 8 of 8)
Begin gathering and organizing documents now and wait for further directions
from the Maryland Office of Administrative Hearings
A copy of:
Your signed federal income tax returns (including all schedules and attachments-ALL
PAGES) for the two most recent tax years;
The most recent bill and proof of payment for property taxes and insurance, only if you
pay directly, and not through your mortgage payment;
Any previous loan modifications or other agreements with your mortgage company (if
applicable);
The most recent statement for any other loan you may have on your property, if
applicable (such as a home equity loan or second mortgage), showing the name, mailing
address, and telephone number of your mortgage company;
Proof of your pay (paystub or benefits statements) issued within the last 30 days,
covering one month of pay;
Two most recent paystubs or benefits statements (issued within the last 45 days) for any
member of your household whose income is to be counted toward payment of the
mortgage; and
All pages of your two most recent bank statements issued within the last 60 days.
A completed Borrower(s) Information Worksheet (This document will be sent from OAH
in its Notice of Mediation and Foreclosure Mediation Instructions.)
NOTICE OF INTENT TO
FORECLOSE
LOSS MITIGATION
PACKET
Contains:
THE MARYLAND
FORECLOSURE PROCESS AND TIME LINE
Owner-Occupied Property - Loss Mitigation and Postfile Mediation Option
A Notice of Intent to Foreclose is enclosed with this document. In this Notice you will
find specific information about the mortgage, an application for loss mitigation, and
instructions to complete the application. THIS IS NOT YET A FORECLOSURE
FILING. A foreclosure action, called an order to docket or complaint to foreclose (the
"OTD"), may not be filed against you in court until at least 45 days after the post mark
date of this Notice was mailed and your loan is 90 days past due. The OTD must be filed
in Circuit Court in order to move forward with foreclosure proceedings.
You will receive a copy of the OTD and it will include one of the following affidavits:
1. Preliminary Loss Mitigation Affidavit, which will be filed with the OTD if
the mortgage company has not started or completed the review of your loan
for foreclosure alternatives known as loss mitigation. An application for loss
mitigation will be included in the OTD. Complete and return the
application immediately; OR
2. Final Loss Mitigation Affidavit, which will be filed with the OTD if the
mortgage company believes it has no available alternatives to foreclosure.
This affidavit will come with a “Request for Postfile Foreclosure
Mediation,” an application, and instructions. You have only 25 days to
request foreclosure mediation after you receive these documents. To
request foreclosure mediation you must send the completed application with a
non-refundable fee of $50 to the Circuit Court.
* If the OTD includes a Preliminary Loss Mitigation Affidavit, open all future mail
because you may receive a Final Loss Mitigation Affidavit in as soon as 28 days.
Foreclosure Mediation:
You will have the opportunity to request foreclosure mediation after you receive the Final
Loss Mitigation Affidavit. Foreclosure mediation is a process that allows you, a
representative from your mortgage company, and a neutral third party mediator from the
Maryland Office of Administrative Hearings to meet and discuss alternatives to
foreclosure. The goal of foreclosure mediation is to help you avoid foreclosure. At
mediation, you and your mortgage company may agree to an option to avoid foreclosure.
However, making a request for foreclosure mediation does not guarantee a loan
modification or other relief.
SCHEDULE 2 TO APPENDIX A-1 (Page 4 of 4)
■ You should seek housing counseling services now. To access free housing
counseling services, call the Maryland HOPE Hotline at 1-877-462-7555 or go to
www.mdhope.org.
There is a lien against your home that could result in foreclosure. You
are receiving this because you have defaulted on your [list type of lien- such as, by way
of example but not limitation, past-due homeowners' or condominium association fees, or
past-due contractual payments giving rise to a mechanic's lien]. If you do not bring this
default current or otherwise cure this default, a foreclosure action may be filed against
you as early as 45 days from the post mark date of this Notice.
There may be options available to avoid foreclosure, but you must act
immediately. You should seek housing counseling services now.
■ Contact [insert name of an agent or employee of the agency pursuing the debt
who has authority to reinstate the debt or work out payment arrangements] at
[insert the telephone number of the agent or employee] to discuss options to avoid
foreclosure.
■ [Insert list of options to cure the default with specific instructions, including, but
not limited to contact information and instructions to cure the default]:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________
■ If you believe you have already made arrangements with the person
contacting you for this debt, please call that person at the number above to
confirm the status of your request.
NOTE: The data contained in this Notice of Intent to Foreclose is electronically filed
with the Commissioner of Financial Regulation in accordance with COMAR
09.03.12.02.
APPENDIX C (Page 1 of 5)
You are at risk of losing your property to foreclosure. You have missed one
or more payments on your mortgage loan or you are otherwise in default. If you do not
bring the loan current, otherwise cure the default, or reach an agreement with your
mortgage company to avoid foreclosure (such as a loan modification, repayment plan or
other alternative to foreclosure) a foreclosure action may be filed in court as early as
45 days from the post mark date of this Notice.
■ If you live in this property as your primary residence, please call [insert contact
again for borrower to dispute occupancy determination]. Free resources are
available at the Maryland HOPE Hotline at 1-877-462-7555 or go to
www.MDHOPE.org.
If you have already requested loss mitigation assistance from your mortgage company,
please call your mortgage company at the number above to confirm the status of your
request.
APPENDIX C (Page 2 of 5)
Beware of anyone offering to “save” your property or requesting an upfront fee before
providing assistance. If you believe you have been a victim of a scam, please Maryland's
office of the Commissioner of Financial Regulation by calling 410-230-6077 or visiting
http://www.dllr.state.md.us/finance/.
If you have funds available to bring your loan current, contact [insert contact person to
provide reinstatement figure and instructions to reinstate the loan] before sending any
money to your mortgage company. When you call, ask for the amount needed to
reinstate your loan.
[Note type of default by inserting one or both of the following two default statements: (1) Your
mortgage loan payment is currently (insert number of days payment past due) past due and is in
default; (2) Your mortgage loan is in default because (insert type of default other than a past-due
payment)]:_____________________________________________________________________
______________________________________________________________________________
NOTE: The data contained in this Notice of Intent to Foreclose is electronically filed with
the Commissioner of Financial Regulation in accordance with COMAR 09.03.12.02
APPENDIX C (Page 4 of 5)
NOTICE REGARDING
OCCUPANCY DETERMINATION
Based upon inspection or certification of occupancy status through other means (proof
attached, if applicable), it is my belief that this property is not owner-occupied.
AGENT: _______________________
DATE: ________________________
APPENDIX C (Page 5 of 5)
THE MARYLAND
FORECLOSURE PROCESS AND TIME LINE
[Not Owner-Occupied - Mortgage Loan Default]
A Notice of Intent to Foreclose is enclosed with this document. In the Notice you will
find specific information about your mortgage, an application for loss mitigation, and
instructions to complete the application. THIS IS NOT YET A FORECLOSURE
FILING.
PRELIMINARY LOSS
MITIGATION AFFIDAVIT
Case Number: _____________________
Date of Filing With Court: _____________________
Borrower(s): _____________________
Property Address: _____________________
The mortgage loan that is the subject of this foreclosure action may be eligible for loss mitigation
and [check all statements that apply]:
The loan is currently under loss mitigation analysis, but the analysis has not yet been
completed.
The secured party or a representative of the secured party has not been able to obtain all
documentation and information necessary to conduct the loss mitigation analysis.
The secured party or a representative of the secured party has not been able to establish
communication with the borrower.
Other __________________________________________________________________.
I solemnly affirm under the penalties of perjury and upon personal knowledge based on review of
the records described herein or attached hereto that the contents of this affidavit are true.
___________________________________________ _________________
Signature of Affiant Date
___________________________________________
Print Name and Title of Affiant
APPENDIX E (Page 1 of 1)
If the secured party conducted a loss mitigation analysis, describe all loss mitigation programs
evaluated, and describe why the borrower(s) did not qualify for each loss mitigation program. If
the secured party did not conduct a loss mitigation analysis, describe all reasons why a loss
mitigation analysis was not conducted, and describe why the borrower(s) did not qualify for a loss
mitigation program:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________
I solemnly affirm under the penalties of perjury and upon personal knowledge based on
review of the records described herein or attached hereto that the contents of this affidavit are
true.
___________________________________________ _________________
Signature of Affiant Date
___________________________________________
Print Name and Title of Affiant
APPENDIX F (Page 1 of 3)
■ Application (on next page) – Initial each statement to confirm that you have read and
understand them. Sign and date the Application. Check the “Yes” box if you would like
a Maryland Department of Housing and Community Development representative or a
housing counselor to contact you. Sign and date the Certificate of Service.
■ Send the original signed Application, Certificate of Service and $50 fee in the envelope
addressed to the Circuit Court. DO NOT SEND CASH. Most Circuit Courts accept
checks or money orders payable to “Clerk of the Circuit Court.” To confirm that your
method of payment will be accepted, consider contacting the Clerk's office in the Circuit
Court of the county in which your property is located. Consider sending your
Application and payment by certified mail or return receipt requested mail.
■ Send one copy of the completed Application and Certificate of Service in the envelope
addressed to the foreclosure attorney representing your mortgage company.
Initial each statement below to confirm that you have read and understand them. If you do
not understand the information, please contact the MD Hope Hotline at 877-462-7555 or visit
www.mdhope.org to find a housing counselor or free legal services near you.
____ I am requesting foreclosure mediation to see if I qualify for a loan modification or other
alternative to a foreclosure sale of my home.
____ I have enclosed my $50 fee for filing this Request for Foreclosure Mediation Application. (Make
checks payable to the “Clerk of the Circuit Court.” DO NOT SEND CASH.)
NOTE: If you qualify for free legal services under the Maryland Legal Services
Guidelines, you may request a waiver of your foreclosure mediation fee. You must
submit a completed Request for Waiver of Filing Fee for Foreclosure Mediation form
(available at http://mdcourts.gov/courtforms/circuit/cc080.pdf) together with this request
for foreclosure mediation.
I/We, __________________________, certify that I/we live in the property for which this
Application is being submitted.
_______________________ _______________________
Signature of Borrower Signature of Borrower
_______________________ _______________________
Printed Name Printed Name
_______ _______
Date Date
APPENDIX F (Page 3 of 3)
If at least one borrower is willing and able to review and sign the Application and the other
borrower(s) is unavailable or unwilling to review or sign the Application, please explain the
circumstances in the space below:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________
Please provide a mailing address, telephone number, and email address if known, for any
additional borrowers who have not signed the Application:
_____________________________
_____________________________
_____________________________
CERTIFICATE OF SERVICE
I certify that I have sent a copy of this Request for Foreclosure Mediation to the Clerk of the
Circuit Court and to the secured party, or the representative of the secured party, by regular U.S.
mail, postage pre-paid, at the address listed at the top of this form. I have served the party that
brought this foreclosure action by sending this Request for Foreclosure Mediation by regular
U.S. mail, postage pre-paid, to its foreclosure attorney in (or at the address on) the addressed
envelope provided with this form.
_____________________________________________ _________________
Signature of Borrower Date
_____________________________________________
Print Name
APPENDIX G (PAGE 1 OF 5)
Social Security No. Date of Birth Social Security No. Date of Birth
Home phone number. with area code Home phone number with area code
Cell or work number with area code Cell or work number with area code
Property address (if same as mailing address, just write Asame@ E-mail address
Who pays the real estate tax bill on your property: {9} Who pays the hazard insurance premium for your property? {10}
G I do G Lender does G Paid by condo or HOA G I do G Lender does G Paid by condo or HOA
Are the taxes current? G Yes G No Is the policy current? G Yes G No
Condominium or HOA fees G Yes G No $ Name of Insurance Co.:
Paid to: Insurance Co. Tel #:
Have you filed for bankruptcy? G Yes G No If yes: G Chapter 7 G Chapter 13 Filing Date: _________________{11}
Has your bankruptcy been discharged? G Yes G No Bankruptcy case number: ____________________________________________
G My household income has been reduced. For example: unemployment, G My monthly debt payments are excessive and I am overextended with
underemployment, reduced pay or hours, decline in business earnings, my creditors. Debt includes credit cards, home equity or other debt.
death, disability or divorce of a borrower or co-borrower.
G My expenses have increased. For example: monthly mortgage G My cash reserves, including all liquid assets, are insufficient to
payment reset, high medical or health care costs, uninsured losses, maintain my current mortgage payment and cover basic living
increased utilities or property taxes. expenses at the same time.
APPENDIX G (PAGE 2 OF 5)
G Other:
Child Support/ Alimony {17} $ Insurance {28} $ Savings/ Money Market {39} $
/ Separation 2
Other monthly income from $ Credit Cards / Installment $ Stocks / Bonds {41} $
pensions, annuities or Loan(s) (total minimum
retirement plans {19} payment per month) {30}
Tips, commissions, bonus and $ Alimony, child support $ Other Cash on Hand {42} $
self-employed income {20} payments {31}
Rents Received {21} $ Net Rental Expenses {32} $ Other Real Estate (estimated $
value) {43}
Other (investment income, $ Other: $ Do not include the value of life insurance or retirement
royalties, interest, dividends plans when calculating assets (401K, pension funds,
etc.) {24} annuities, IRAs, Keogh plans, etc.)
{35}
Total (Gross Income) {25} $ Total Debt / Expenses {36} $ Total Assets {46} $
1. That all of the information in this document is truthful and the event(s) identified on page
1 is/are the reason that I need to request a modification of the terms of my mortgage loan, short
sale or deed-in-lieu of foreclosure.
3. I understand the Servicer will pull a current credit report on all borrowers obligated on
the Note.
5. That my Property is owner-occupied; I intend to reside in this property for the next
twelve months; I have not received a condemnation notice; and there has been no change in the
ownership of the Property since I signed the documents for the mortgage that I want to modify.
6. I am willing to provide all requested documents and to respond to all Servicer questions
in a timely manner.
7. I understand that the Servicer will use the information in this document to evaluate my
eligibility for a loan modification, short sale, or deed-in-lieu of foreclosure, but the Servicer is not
obligated to offer me assistance based solely on the statements in this document.
9. I understand that the Servicer will collect and record personal information, including, but
not limited to, my name, address, telephone number, social security number, credit score, income,
payment history, government monitoring information, and information about account balances
and activity. I understand and consent to the disclosure of my personal information and the terms
of any loss mitigation agreement to any third party that needs this information to process this
application, including but not limited to: any investor, insurer, guarantor or servicer that owns,
insures, guarantees or services my first lien or subordinate liens (if applicable) mortgage loan(s);
any companies that perform support services in conjunction with my mortgage; any HUD-
certified housing counselor; and government regulators.
{47}__________________________________________________________________________
Borrower Signature Date
_____________________________________________________________________________
Co-Borrower Signature Date
APPENDIX G (PAGE 4 OF 5)
{23} Report the amount indicated on your benefits letter. You must provide a copy of this letter
as documentation of this income.
{24} Add all other income and report sum in this box.
{25} Add all amounts in income column (boxes 15-24) and report sum.
{26} This amount can be found on your statement for your first mortgage.
{27} If applicable, this amount can be found on the statement for your second mortgage or
home equity lines of credit.
{28} This refers only to homeowner’s insurance and should be reported only if you pay this
yourself.
{29} Only report these taxes if you pay them yourself.
{30} Add all credit cards and installment payments and report sum here.
{31} If you are responsible for paying child support or alimony, you must report the amount
here.
{32} Report amount if your total rental income does not cover your total rental expenses.
{33} “HOA” means Homeowner’s Association.
{34} Include car payments only if you are the owner of the vehicle.
{35} Include any other pertinent household expenses.
{36} Add all amounts in expense column (boxes 26-35) and report sum.
{37}-{39} Report amounts for all accounts, if applicable.
{40} “CDs” means certificates of deposit.
{41}-{42} Report amounts for all accounts, if applicable.
{43} Include estimated value for all other properties owned.
{44}-{45} Report any other assets other than the value of life insurance or retirement plans,
including 401K, pension funds, IRAs, Keogh plans, etc.
{46} Add all amounts in assets column (boxes 37-45) and report sum.
{47} Please be sure to read the entire Loss Mitigation Application Acknowledgement and
Agreement before signing. Do not leave off a signature as this will decrease efficient document
processing.
APPENDIX H-1 (PAGE 1 OF 1)
This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland).
If you own and live in this home, you may qualify for alternatives to foreclosure, but
you must act quickly.
We have included:
Preliminary Loss Mitigation Affidavit – this is a legal document completed by your
mortgage company (sometimes referred to as servicer) explaining that they have not completed
an evaluation of your loan for possible alternatives to foreclosure and why.
Loss Mitigation Application – this is the application that your mortgage company will review
to see if you qualify for alternatives to foreclosure. If you need help completing this form,
please contact a housing counselor (information below).
Addressed Envelope to mail the Loss Mitigation Application.
Beware of anyone offering to “save” your home or requesting an upfront fee before
providing assistance. This is illegal in the State of Maryland. If you believe you have been a
victim of a scam, please contact Maryland's office of the Commissioner of Financial Regulation by
calling 410-230-6077 or visiting http://www.dllr.state.md.us/finance/.
This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland).
If you own and live in this home, you may request a meeting with your mortgage
company called FORECLOSURE MEDIATION, but you must act quickly.
We have included:
Request for Foreclosure Mediation – this is the form you need to complete to request
foreclosure mediation. **This form must be sent back within 25 days - DO NOT DELAY**
Final Loss Mitigation Affidavit – this is a legal document completed by the mortgage
company explaining why they have been unable to offer an alternative to foreclosure.
2 Addressed envelopes:
o Return to the court the original signed Request for Foreclosure Mediation in the envelope
marked “REQUEST FOR FORECLOSURE MEDIATION”.
o Mail a copy of the Request for Foreclosure Mediation in the envelope addressed to the
foreclosure attorney who represents your mortgage company.
Beware of anyone offering to “save” your home or requesting an upfront fee before
providing assistance. This is illegal in the State of Maryland. If you believe you have been a
victim of a scam, please contact Maryland's office of the Commissioner of Financial Regulation by
calling 410-230-6077 or visiting http://www.dllr.state.md.us/finance/.
This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland).
We have included the Final Loss Mitigation Affidavit – this is a legal document
completed by the mortgage company explaining why they have been unable to offer
an alternative to foreclosure.
This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland).
This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland).
If you have not done so already, you should contact your mortgage company
immediately! Programs may be available through your mortgage company
to prevent foreclosure, but you MUST ACT NOW!
If you have funds available to bring your loan current, contact [insert contact person to
provide reinstatement figure and instructions to reinstate the loan] before sending any
money to your mortgage company. When you call, ask for the amount needed to
reinstate your loan.
Address:___________________________________ Address:_______________________________________
___________________________________ _______________________________________
_____________________Zip____________ ___________________________Zip_________
Address:___________________________________ Address:_______________________________________
___________________________________ _______________________________________
_____________________Zip____________ ___________________________Zip_________
Mail or fax within five (5) business days after receipt of the borrower Prefile Mediation Application to:
By law, you are required to provide certain documents and information to the designated
representative of your mortgage company and to the Office of Administrative Hearings (OAH)
prior to the foreclosure mediation. These instructions describe the documents and information
you are required to provide and how and when they must be provided.
■ each borrower’s signed federal income tax returns (including all schedules
and attachments-ALL PAGES) for the two most recent tax years;
■ the most recent bill and proof of payment for property taxes and insurance,
only if borrower pays directly, and not through your mortgage payment;
■ the most recent statement for any other loan borrower may have on the
property, if applicable (such as a home equity loan or second mortgage),
showing the name, mailing address, and telephone number of the lender(s)
in question;
APPENDIX OAH-1 (Page 2 of 5)
■ two most recent paystubs or benefits statements (issued within the last 45
days) for any member of the borrower’s household whose income is to be
counted toward payment of the mortgage; and
■ all pages of each borrower’s two most recent bank statements issued
within the preceding 60 days.
2. The lender, or representative of the lender, shall provide to OAH and borrower(s) if not
already provided:
3. Timing/Method of Sending.
Documents and information required to be provided to the other party and to the Office
of Administrative Hearings must be by one of the following methods at the times indicated:
APPENDIX OAH-1 (Page 3 of 5)
• First-class U.S. mail, postage paid – send no later than 23 days before the
scheduled date of the foreclosure mediation.
• Next-day air service or hand delivery – ensure delivery no later than 20 days
before the scheduled date of the foreclosure mediation.
If you get new information or documents after the initial disclosure, use the following
instructions to disclose:
• If the new documents or information are obtained seven or more days prior to the
scheduled date of the foreclosure mediation, the party obtaining the new material shall
deliver to the other party and the Office of Administrative Hearings the newly obtained
documents or information within one day of receipt by sending the materials by first class
U.S. mail, postage paid, or by sending via a next-day air service or hand delivery.
• If the new documents or information are obtained six or fewer days prior to the
scheduled date of the foreclosure mediation, the party obtaining the new material shall
deliver it to the other party by facsimile or hand delivery and to the Office of
Administrative Hearings at the time of the foreclosure mediation.
5. Addresses.
• The borrower(s) shall send all required documents and information to the lender, or
representative of the lender, at the address of the lender, or representative of the lender indicated
in the Instructions to the Application for Prefile Mediation.
• The lender, or representative of the lender, shall send all required documents and
information to the borrower(s) at the borrower(s) address set forth on the Application for Prefile
Foreclosure Mediation completed by the borrower(s).
• Authority to Settle:
The person representing the secured party must have authority to settle or be able to
readily contact a person with authority to settle the matter.
• Postponement Rules:
(c). Documentation of the reasons for the postponement may be required from
the party making the request.
(e). When practicable, all parties to the proceeding shall be contacted before a
ruling on a postponement request is made by the Office of Administrative Hearings.
By law, you are required to provide certain documents and information to the designated
representative of your mortgage company and to the Office of Administrative Hearings (OAH)
prior to the foreclosure mediation. These instructions describe the documents and information
you are required to provide and how and when they must be provided.
■ each borrower’s signed federal income tax returns (including all schedules
and attachments-ALL PAGES) for the two most recent tax years;
■ the most recent bill and proof of payment for property taxes and insurance,
only if borrower pays directly, and not through your mortgage payment;
■ the most recent statement for any other loan borrower may have on the
property, if applicable (such as a home equity loan or second mortgage),
showing the name, mailing address, and telephone number of the lender(s)
in question;
APPENDIX OAH -2 (Page 2 of 5)
■ two most recent paystubs or benefits statements (issued within the last 45
days) for any member of the borrower’s household whose income is to be
counted toward payment of the mortgage; and
■ all pages of each borrower’s two most recent bank statements issued
within the preceding 60 days.
2. The lender, or representative of the lender, shall provide to OAH and borrower(s) if not
already provided:
3. Timing/Method of Sending.
Documents and information required to be provided to the other party and to the Office
of Administrative Hearings must be by one of the following methods at the times indicated:
• First-class U.S. mail, postage paid – send no later than 23 days before the
scheduled date of the foreclosure mediation.
• Next-day air service or hand delivery – ensure delivery no later than 20 days
before the scheduled date of the foreclosure mediation.
If you get new information or documents after the initial disclosure, use the following
instructions to disclose:
• If the new documents or information are obtained seven or more days prior to the
scheduled date of the foreclosure mediation, the party obtaining the new material shall
deliver to the other party and the Office of Administrative Hearings the newly obtained
documents or information within one day of receipt by sending the materials by first class
U.S. mail, postage paid, or by sending via a next-day air service or hand delivery.
• If the new documents or information are obtained six or fewer days prior to the
scheduled date of the foreclosure mediation, the party obtaining the new material shall
deliver it to the other party by facsimile or hand delivery and to the Office of
Administrative Hearings at the time of the foreclosure mediation.
5. Addresses.
• The borrower(s) shall send all required documents and information to the lender, or
representative of the lender, at the address of the lender, or representative of the lender, set forth
in the Final Loss Mitigation Affidavit filed with the court.
• The lender, or representative of the lender, shall send all required documents and
information to the borrower(s) at the borrower(s) address set forth on the Request for Foreclosure
Mediation form completed by the borrower(s).
• Authority to Settle:
The person representing the secured party must have authority to settle or be able to
readily contact a person with authority to settle the matter.
• Postponement Rules:
(c). Documentation of the reasons for the postponement may be required from
the party making the request.
(e). When practicable, all parties to the proceeding shall be contacted before a
ruling on a postponement request is made by the Office of Administrative Hearings.
Housing Counseling
Refinance
APPENDIX OAH-3 (Page 2 of 3)
Over-equity refinance
Forbearance agreement
Property rent-back
Loan modification
Payment in full [of delinquency amount, fees and penalties as of the date of the
mediation session] (reinstate loan)
Other
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Short sale
Private auction
Other
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Deficiency balance
_________________________________________
Borrower: ________________________________
_________________________________________
Borrower: ________________________________
APPENDIX OAH-3 (Page 3 of 3)
_________________________________________
Secured Party: _____________________________
_________________________________________
_________________________________________
Representative of Secured Party: ______________
________________________________________
_________________________________________
Other Party: _______________________________
_________________________________________
Other Party: _______________________________
APPENDIX OAH-4 (Page 1 of 2)
Refinance
Over-equity refinance
Forbearance agreement
Property rent-back
Loan modification
Payment in full [of delinquency amount, fees and penalties as of the date of the
mediation session] (reinstate loan)
Other
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
APPENDIX OAH-4 (Page 2 of 2)
Short sale
Private auction
Other
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Deficiency balance
_________________________________________
Borrower: ________________________________
_________________________________________
Borrower: ________________________________
_________________________________________
Secured Party: _____________________________
_________________________________________
_________________________________________
Representative of Secured Party: ______________
________________________________________
_________________________________________
Other Party: _______________________________
_________________________________________
Other Party: _______________________________
APPENDIX OAH-5 (Page 1 of 1)
I/We certify that we participated in housing counseling on [insert date] with [insert name
of housing counselor].
Borrower: ________________________________
_________________________________________
Borrower: ________________________________
APPENDIX OAH-6 (Page 1 of 1)
________________________________
Secured Party
Name:___________________________
Position:_________________________
or
________________________________
Representative of Secured Party
Name: __________________________
Position:_________________________