Missing a mortgage payment feels like the floor dropped out. I hear it in people’s voices when they call. What I try to tell them first is that Maryland has a fairly long, rule-heavy process before a foreclosure sale can happen, and there are real options at every stage. The earlier you use them, the more of them you have.
I’m Evan Weissman. I buy houses in Maryland, and selling is one of the possible paths when a mortgage gets behind. It is not the only one, and it is not always the right one. I can’t stop a foreclosure and I won’t promise to save anyone’s home. What I can do is lay out the choices in the order people usually face them, so you can make a calm decision with the right people helping you.
Where to get free help, whatever stage you are in
Before anything else, three resources:
- A HUD-approved housing counselor. Counseling is free, and counselors help you understand your loan, put together a budget, and apply for help with your servicer. You can search for one through HUD or the CFPB.
- Maryland HOPE at 1-877-462-7555. This is the state’s homeowner hotline, run through the Maryland Department of Housing and Community Development, and it connects you with counseling and programs.
- A Maryland attorney. Maryland’s Protection of Homeowners in Foreclosure Act regulates people who offer to “rescue” homes in default, because some of those deals cost owners their equity. Having an attorney look at any agreement before you sign protects you, and legal aid groups may help at low or no cost if you qualify.
One payment behind
At this stage you mostly have a cash flow problem, not a foreclosure problem. Late fees may apply after your grace period, and the servicer will start calling.
What helps here:
- Call the servicer and ask what it would take to catch up. Some will set up a short repayment plan.
- If the hardship is temporary, like a job gap or medical leave, ask whether you can apply for loss mitigation now. Loss mitigation is the servicer’s term for the options that help a borrower stay current or exit gracefully.
- Write down every call: date, name, what was said.
If catching up is realistic, focus on that. If you already know the payment isn’t sustainable long term, this is the moment to start thinking about what comes next, because you have time and equity working for you.
Two to four payments behind
Now the servicer is required by federal rules to reach out about loss mitigation, and you will usually receive letters about options. Federal mortgage servicing rules generally don’t allow a servicer to make the first foreclosure filing until a loan is more than 120 days delinquent (12 CFR 1024.41). Submitting a complete loss mitigation application in that window gives you important protections.
The common options a servicer may review include:
- A repayment plan that spreads the missed amount over several months.
- Forbearance, a temporary pause or reduction in payments.
- A loan modification that changes the rate, term, or both.
- A partial claim or deferral on certain government backed loans, which moves past due amounts to the end of the loan.
- Exit options like a short sale or a deed in lieu of foreclosure.
A counselor is especially useful here. Applications get lost, documents expire, and deadlines matter. The counselor knows what a complete package looks like.
The Notice of Intent to Foreclose arrives
In Maryland, the lender has to send a Notice of Intent to Foreclose at least 45 days before filing a foreclosure case (Real Property section 7-105.1). It comes with information about loss mitigation and, for owner-occupied homes, a chance to request prefile mediation through the Office of Administrative Hearings if you apply within the time listed in the notice.
Getting an NOI is serious, but it is not a sale date. My article on the notice of intent to foreclose explains each part of the form. This is a good time to have the counselor and an attorney involved if they aren’t already.
After the case is filed
Once the foreclosure is filed in circuit court, owner-occupants can usually request foreclosure mediation within a set number of days after the servicer files its final loss mitigation affidavit. A mediator at the Office of Administrative Hearings sits down with you and the servicer to look at options. My article on how Maryland foreclosure mediation works covers that process.
Even with a case pending, you can still pursue a modification, still list the house, and still sell. What changes is the pace. Court deadlines keep moving, and you want help reading every paper you receive.
When selling is one of the options
Selling makes sense for some households and not for others. It tends to fit when:
- The payment was a stretch even before the hardship, and a modification would only delay the problem.
- There is equity left after the payoff, past due amounts, fees, and selling costs.
- The house needs repairs you can’t afford, which makes keeping it harder.
- You would rather move on your own terms than wait for the process to decide for you.
Here are the ways to sell when behind:
- Listing with an agent. If the house shows well and the timing works, this often brings the highest price. Be upfront with your agent about the timeline.
- Short sale. If you owe more than the house can sell for, your servicer may approve a payoff below the balance. These take time and need lender approval, so start early.
- As-is cash sale. A cash buyer can close on a set date without loan approval or repairs. The price is usually lower than a repaired listing would bring, and the sale only works if the payoff can be covered.
Whatever route you pick, the sale proceeds pay the servicer at settlement and any remaining equity goes to you. A legitimate buyer never asks you to sign over your deed before settlement or to send mortgage payments to them instead of your servicer. My foreclosure options page has more on comparing routes, and the Maryland foreclosure options guide goes deeper on each one.
How many payments can I miss before foreclosure starts in Maryland?
Federal servicing rules generally prevent the first foreclosure filing until the loan is more than 120 days delinquent, and Maryland requires a Notice of Intent to Foreclose at least 45 days before filing. Exact timing varies by loan and servicer.
Who can I call for free help with a Maryland mortgage?
A HUD-approved housing counselor and Maryland HOPE at 1-877-462-7555 are both free. Legal aid organizations may also help with legal questions if you qualify.
Can I sell my house if foreclosure has already been filed?
Yes. Owners can usually sell until a foreclosure sale happens, though the timeline gets tighter. Talk with an attorney about court deadlines while you sell.
Will selling to a cash buyer stop my foreclosure?
A completed sale pays off the loan, which ends the foreclosure case for that loan. Nobody can promise a sale will close in time, so keep working with your servicer and counselor while you explore it.
What if I owe more than my house is worth?
Ask your servicer about a short sale or a deed in lieu of foreclosure, and talk to a counselor about whether a modification is realistic. An attorney can explain whether any remaining balance could still be owed.
Talk through your situation
If you are behind and want to understand what a sale might leave you with, call or text me at (410) 498-7473. I’ll go over the numbers honestly and point you to free counseling if keeping the house looks possible.