Foreclosure fears? Ten tips from Staff Attorney Tim Darby, Esq.

Many Marylanders are facing the threat of foreclosure due to loss of income because of the COVID-19 Coronavirus pandemic. The St. Ambrose Legal Services Department has compiled the following tips for what to do if you having trouble making mortgage payments:

  1. Ask for help from a housing counselor or pro bono attorney as soon as you realize you are in financial trouble. The sooner you ask, the more likely you are to get the necessary support to resolve the problem.
  2. Stay in contact with your mortgage servicer so that they are aware of your situation. Your servicer may offer you a forbearance, meaning that they will suspend your obligation to make monthly payments for a certain period of time. Once that period of time ends, you will resume making your normal monthly payments. If you are upfront and transparent about your financial situation, your bank will better understand your needs and interests.
  3. Open all of your mail, promptly. Don’t assume you already know what’s inside.
  4. Know that the foreclosure process in Maryland takes many months from beginning to end. Many people are frightened when they start receiving mail about a foreclosure action. Take this seriously but know that your lender has to take several steps through the court process before you are legally obligated to leave your home.
  5. Know that because of the COVID-19 pandemic, the court system is not processing any foreclosure cases and the Chief Judge of the Court of Appeals of Maryland, our state supreme court, has suspended all evictions.No evictions may legally take place at this time. Once the court system opens back up foreclosure proceedings will resume as normal. You still have an obligation to make mortgage payments unless your servicer tells you otherwise in writing.
  6. Do not pay fees for services to assist you with your financial situation when the service is available for free. Thoroughly investigate anyone who is charging you for financial services and what they are doing for the fees.
  7. Do not take advice from friends, neighbors, or family unless they are trained in financing.
  8. Understand your responsibilities under the debt obligation. A deed of trust is part of a mortgage agreement. A deed is the document that signifies ownership of a piece of real estate.
  9. Know your rights and don’t sign any contracts unless you fully understand the document. You may be offered a forbearance or deferment during this time, but make sure you understand the full implications of this sort of arrangement before agreeing to it.  
  10. Do not think the problem will just go away. If you cannot afford your house, start considering what next steps you will take in order to find a new living space.

The threat of foreclosure can be intimidating, especially in light of the COVID-19 Coronavirus outbreak. However, being informed of your rights and responsibilities can make the process easier. Going through a foreclosure doesn’t mean losing everything. If you remain informed and proactive throughout the process you’ll be able to salvage the maximum amount of your investment. Find help, resolve the problem, and look ahead to life beyond foreclosure.

Call St. Ambrose for free legal advice and foreclosure counseling: 410-366-8550 extension 209.

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