Maryland s Office of the Commissioner of Financial Regulation

Similar documents
Foreclosure and Blighted Property: Tools for Municipal Officials

MML Southern Maryland Chapter. September 2015

Department of Legislative Services Maryland General Assembly 2012 Session

City of Lowell Vacant and Foreclosing Properties Ordinance Chapter 227 Sections 7 16 Planned Revisions

Assembly Bill No. 140 Committee on Commerce and Labor

Multifamily Housing Preservation and Receivership Act

APPRAISAL MANAGEMENT COMPANY

A M A S T E R S P O L I C Y R E P O R T An Analysis of an Ordinance to Assure the Maintenance, Rehabilitation, Registration, and Monitoring of

CITY OF SALISBURY ORDINANCE NO. 2175

Legislative Update -Course Overview

Department of Legislative Services

California Statewide Communities Development Authority Open PACE Program Report March 15, 2018 (Updated) 1. Introduction

Report on FSCO s Compliance Reviews of Mortgage Brokerages

UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No SEPTEMBER TERM, 2014

Texas Residential Construction Commission County Inspection Certification System. Category: Cross-Boundary Collaboration and Partnerships

MN STATUTES ANNOTATED 145A.04 POWERS AND DUTIES OF BOARD OF HEALTH. Subdivision 1.Jurisdiction; enforcement. A county or multicounty board of health

Notice to All Municipal Clerks & Administrative Agents

Florida Senate SB 1308

2017 TAX SALE GUIDELINES CLAY COUNTY, MISSOURI AUGUST 28, 2017

ORDINANCE NO NOW, THEREFORE, BE IT ENACTED BY THE TOWN COMMISSION OF THE TOWN OF BELLEAIR, PINELLAS COUNTY, FLORIDA, as follows:

SUMMARY OF RECOMMENDATIONS LEGISLATIVE COMMISSION S SUBCOMMITTEE TO STUDY MORTGAGE LENDING AND HOUSING ISSUES. Nevada Revised Statutes 218.

LOUISIANA REAL RULES AND REGULATIONS (As amended through June 2017)

PART 2.7 DEPARTMENT OF GOVERNMENT SERVICES REAL ESTATE REGULATION

SENATE, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED JANUARY 25, 2018

MacIntosh Real Estate School Colorado Course - Chapter 14

AERONAUTICAL USE LEASE POLICYPOLICY GRAND JUNCTION REGIONAL AIRPORT Revised: November 18, 2014

ASSEMBLY, No STATE OF NEW JERSEY. 217th LEGISLATURE INTRODUCED FEBRUARY 8, 2016

CITY OF RIVERVIEW ORDINANCE NO. 623

HOUSE BILL 365 CHAPTER

Survival Guide for Condo Directors. Phase 1 of the Condominium Act Amendments

R162. Commerce, Real Estate. R162-2e. Appraisal Management Company Administrative Rules. R162-2e-101. Title. R162-2e-102. Definitions.

ORDINANCE NO For purposes of this chapter, certain words and phrases are defined as follows:

TAX FORECLOSURE PROCESS JUDITH MILES ASSISTANT PROSECUTING ATTORNEY

SENATE, No STATE OF NEW JERSEY. 208th LEGISLATURE INTRODUCED MAY 6, 1999

Tenants Rights in Foreclosure 1

ESCAMBIA COUNTY MUNICIPAL SERVICES BENEFITS UNITS GUIDELINES AND PROCEDURES

South Carolina General Assembly 119th Session,

WHEREAS, the present mortgage foreclosure crisis has serious negative implications for all

Maryland Real Estate Legislative Update "

ASSEMBLY, No STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

HOUSE BILL 365. Read and Examined by Proofreaders: Sealed with the Great Seal and presented to the Governor, for his approval this

Law Office of Jonathan James Damonte, Chartered Legislative Report 2018 Legislative Session

A Bill Regular Session, 2017 HOUSE BILL 1730

UNIT 12. FINTRAC AND THE PRIVACY CODE

GENERAL QUESTIONS ASKED ABOUT TAX SALE

ITEM F-1 April 23, 2018 Special Rent Board Meeting

PHA 101: A Guide for CoC s Understanding PHA Programs and Policies. August 26, 2013

House Select Committee on Homeowners Associations Summary of Committee Proceedings and Proposed Findings. Committee Proceedings

SUMMARY: THE MOBILE HOME PARKS RESIDENTIAL LANDLORD AND TENANT ACT (Updated 11/1/18)

THE HOA INFORMATION AND RESOURCE CENTER

Department of Legislative Services

IN THE YEAR TWO THOUSAND THIRTEEN AN ORDINANCE TO ESTABLISH A BILL OF RIGHTS FOR HOMEOWNERS IN THE CITY OF LYNN

Pasco County Code of Ordinances Amended 6/22/15 Pasco County Fee Resolution Effective 8/1/15

Licensee Relationships. Course Goals. Who s Your Client? Duties to Clients 9/7/2011

Charter Township of Lyon P.A. 198 Industrial Facilities Tax Exemption Tax Abatement Guidelines

City of Alameda Rent Review Ordinance

ENROLLED HOUSE BILL No. 4975

Foreign Investor Guide. Buying Or Selling Property in Arizona As A Foreign Investor

(c) County board of commissioners means 1 of the following, as applicable: (ii) In all other counties, 1 of the following:

Cass County Delinquent Tax Certificate Sale

Referred to Committee on Taxation. SUMMARY Revises provisions governing the collection of delinquent property taxes. (BDR )

Summary of State Manufactured Home Purchase Opportunity Laws

City of North Las Vegas HOME Program Overview (FY18/19)

BASTROP COUNTY TAX ABATEMENT POLICY. (Guidelines and Procedures)

Egg Harbor Township Ordinance No

By Order of the Commissioner: Signed: Date: July 29, 2015 Commissioner Maria Guerra Lapacek. Published: July 30, 2015 Effective: July 30, 2015

This informational paper is provided to you by

Referred to Committee on Commerce and Labor. SUMMARY Revises provisions governing appraisers and appraisal management companies.

Guidance on the Scope of Practice Of Property Service Providers JANUARY 2017

HP0144, LD 165, item 1, 124th Maine State Legislature An Act To Supervise and Regulate Escrow Agents in Order To Protect Consumers

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009

Delinquent Tax Certificate Sale

Town of Littleton Sale of Town Owned Property Policy & Procedure

KRS 324A A.150 Definitions for KRS 324A.150 to 324A.164. Effective: June 25, 2013

AN ORDINANCE REQUIRING REGISTRATION AND MAINTENANCE OF PROPERTIES THAT ARE VACANT OR IN FORECLOSURE

ORDINANCE NO

ORDINANCE NO. 14,934

S 2706 S T A T E O F R H O D E I S L A N D

For legal reasons, we cannot and will not respond to messages asking for more information about a property.

Georgia Real Estate Practices. Attorney Involvement

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

Code Enforcement: Process and Performance. December 19, 2017

HUD 9548 HUD Sales Contract Package

FINANCE DEPARTMENT M E M O R A N D U M

Foreclosure Prevention & Response

Buffalo Niagara Convention Center. Management Corporation. Property Disposition Guidelines

Senate Eminent Domain Bill SF 2750 As passed by the Senate. House Eminent Domain Bill HF 2846/SF 2750* As passed by the House.

A. Employee Housing Restriction

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. Division of Real Estate Instructor Seminar 2013

Welcome to Tuesdays at APA DC. Inclusionary Zoning in DC

Administrative Penalty Order (APO) Plan for Buffer Law Implementation

BY AUTHORITY A BILL FOR AN ORDINANCE MAKING REVISIONS TO CHAPTERS 2 THROUGH 5 OF TITLE XI OF THE WESTMINSTER MUNICIPAL CODE

Public Service Commission

ORDINANCE E BE IT ORDAINED WHEREAS WHEREAS

LEEWARD ISLE HOMEOWNERS ASSOCIATION LEASE APPLICATION INSTRUCTIONS

Georgia 2015 Legislation as of May 25, 2015

RULES OF TENNESSEE REAL ESTATE APPRAISER COMMISSION CHAPTER GENERAL PROVISIONS TABLE OF CONTENTS

S 0543 S T A T E O F R H O D E I S L A N D

Dodd-Frank Wall Street Reform and Consumer Protection Act

SENATE, No. 277 STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

Transcription:

October 13, 2016 Maryland s Office of the Commissioner of Financial Regulation Foreclosure Information for Maryland Municipal League Fall 2016 Presentation Topics About the Office of the Commissioner of Financial Regulation (OCFR) Summary of Residential Foreclosure Process in Maryland Resources for Researching Foreclosed Properties Description of Maryland s Foreclosed Property Registry Meredith Mishaga, Director of Foreclosure Administration, OCFR

Office of the Commissioner of Financial Regulation (OCFR) MISSION STATEMENT: To ensure that the citizens of Maryland are able to conduct their financial transactions in safe, reliable and well-managed institutions, while providing a flexible, yet sound regulatory environment that promotes fair competition, encourages innovative business development, and supports the economy of Maryland.

Overview of OCFR The Office of the Commissioner of Financial Regulation (OCFR) is a division within the Maryland Department of Labor, Licensing & Regulation. OCFR is the primary regulator of state-chartered banks, credit unions and trust companies, as well as state-licensed financial services businesses (including, but not limited to, mortgage lenders, brokers, servicers, and loan originators). OCFR conducts periodic examinations of entities subject to its supervision. OCFR responds to consumer complaints, and undertakes enforcement actions to ensure compliance with state and federal law.

OCFR and Foreclosure In addition to its supervisory responsibilities, OCFR is tasked by the state legislature with certain functions involving the process for foreclosing on residential real property. These functions are: Promulgating regulations, including prescribing the forms used by secured party throughout foreclosure process Enforcement jurisdiction over certain statutes that protect homeowners from foreclosure scams and fraud Administration and maintenance of the Maryland Foreclosed Property Registry

1) Notice of Intent to Foreclose (NOI) Warning notice to borrower that secured party/servicer may file a foreclosure action in court Must be sent no less than 45 days before a foreclosure action is filed in court Includes Loss Mitigation Application 2) Order to Docket (OTD) Residential Mortgage Foreclosure Process in Maryland (parts 1 & 2) Please be aware this is a SUMMARY of the foreclosure process. Some details are excluded for simplicity. First filing of the foreclosure action in court may also be called Complaint to Foreclose or Notice of Foreclosure Action Can be filed as soon as 90 days (or 120 days if covered by federal law) after missed payment Includes a Loss Mitigation Affidavit Preliminary or Final

Residential Mortgage Foreclosure Process (continued parts 3 & 4) 3) Final Loss Mitigation Affidavit Please be aware this is a SUMMARY of the foreclosure process. Some details are excluded for simplicity. Affidavit signed by representative of foreclosing entity that all available foreclosure alternatives have been considered If borrower is an eligible owner-occupant, will include a Request for Mediation form 4) Foreclosure Mediation (if requested by homeowner) Mediation is an in-person hearing between homeowner, representative for foreclosing entity, and neutral third-party (administrative law judge) to review alternatives To have a mediation hearing, homeowner must submit request form to court within 25 days of receipt/or mailing; the hearing will be held within 60 days of request

Residential Mortgage Foreclosure Process (continued part 5) 5) Foreclosure Sale and Eviction Please be aware this is a SUMMARY of the foreclosure process. Some details are excluded for simplicity. Also referred to as foreclosure auction, is when the foreclosing entity buys or sells the property secured by the mortgage loan Can occur as soon as 30 or 45 days after Final Loss Mitigation Affidavit is received; or if mediation is held, as soon as 15 days after mediation hearing (if no resolution reached) After the sale, the borrower has 30 days from the date of a Report of Sale to file an objection in court. If no objections are filed (or if they are overruled by the judge) then the court will ratify the sale. Ratification is necessary before title transfers to the purchaser. A homeowner can be evicted from the property as soon as 15 days after court ratification. Tenant-occupants may have the right remain in the property for the duration of their lease or 90 days, depending on their situation.

Researching Foreclosed Properties SDAT Real Property Data Search http://sdat.resiusa.org/realproperty/ Search by property address to identify owner Maryland Judiciary Case Search http://casesearch.courts.state.md.us/casesearch/ Search by borrower name for civil case filing to identify foreclosing party s agent (law firm), date documents were filed, and to determine stage of foreclosure NOTE: Will not be able to view the documents Maryland Land Records https://mdlandrec.net/main/ Search by name (individual or company) for Deeds or Deeds of Trust to identify parties with interest in property

Researching Foreclosed Properties (continued) The Daily Record public notices http://publicnotices.thedailyrecord.com/ Search auction notices published in The Daily Record newspaper within past 90 days NOTE: May need paid subscription and notice may not have been published in The Daily Record Maryland Foreclosed Property Registry Administered and maintained by OCFR Not publicly-available is only accessible to local governments; some property-specific information may be shared with certain parties

Foreclosed Property Registry: Background and Purpose State-managed tool for local jurisdictions to combat foreclosurerelated blight and public safety issues in residential communities Recommendation from Maryland Foreclosure Task Force Report (January 2012) to create statewide centralized Foreclosed Property Registry allow government officials to better locate and communicate with parties who have an interest in maintaining the condition of the foreclosed property during the limbo period defined as that period of time between a foreclosure auction and the recordation of the property deed Access by local agencies responsible for housing codes, tax/lien collection and public safety, heath and environmental matters. Registry legislation enacted during 2012 General Assembly Session (Real Property 14 126.1) effective October 2012

Foreclosed Property Registry: Registration Process Purchaser receives handout from auctioneer with registration requirement and website link Purchaser required to create an account and register the property within 30 days of the foreclosure sale. Initial registration requires purchasers to enter: Property information: full address, single-family/multi-family/unknown, vacant/not vacant/unknown, in possession/not in possession/unknown Date of foreclosure sale Purchaser name, address, email, phone Entity accepting legal service name, address, email, phone Maintenance company name, address, email, phone Fee is $50; fee is $100 if registration is over 30 days from sale

Foreclosed Property Registry: Registration Process (continued) Purchaser required to log in to account and complete final registration within 30 days of deed recordation. Information entered: Owner on deed name, address, email, phone Date sale was ratified Date deed was recorded No fee is paid at this stage (only initial registration) Refunds are prohibited, per statute Registrations are not deleted or removed

Foreclosed Property Registry: Accessing Registry Data Access may be granted only to Maryland county and municipal staff, city and county elected officials, and State agencies. Access must be approved by OCFR first. Current process is: 1) Individual requestor creates account through website as Export User 2) OCFR receives auto-email with request. If individual does not represent local or state government agency, OCFR sends reply email explaining denial of access If individual does represent local or state government agency, OCFR replies with instructions to individual to submit signed letter of request on agency letterhead; letter must include attestation of authorization 3) Approval is granted in Registry system after this letter is received 4) Individual may now log in to the system as needed to search and download Registry data

Foreclosed Property Registry: Obtaining Property-Specific Data Per statute, the Registry is not a public record. OCFR, or a jurisdiction with access, may only provide propertyspecific information to the following parties: A person who owns property on the same block; or A homeowners association or condominium in which the property is located. OCFR s current process for providing property-specific information: 1) Property owner or HOA/condo contacts OCFR for information. 2) OCFR requests documentation from requester to verify eligibility. 3) After receipt and review of documentation, OCFR mails requested information to address given on signed written request.

Foreclosed Property Registry: Compliance and Enforcement Authority over nuisance properties and code violations is unchanged by the statute it remains with local jurisdictions. The Registry statute gives local jurisdictions the authority to enforce compliance with the registration requirement. Jurisdictions may enact a local ordinance that imposes a civil penalty for failure to register, not to exceed $1,000. The Registry statute allows local jurisdictions to recoup some of the costs spent on nuisance properties. Jurisdictions may collect the cost associated with abatement as a charge on the property tax bill, with proper written notice.

Registry Numbers Number of registrations per fiscal year: FY 13 FY 14 FY 15 FY 16 TOTAL 4,629* 15,628 17,228 14,985 52,470 *Registry went into effect October 2012 Percent of initial registrations submitted within 30-day deadline, through FY16: 72% Number of local/state government users added in FY16: 61 Total number of local/state government users through FY16: 238

For access to the Maryland Foreclosed Property Registry, visit the website at www.dllr.state.md.us/foreclosureregistry/ to register as an Export User. Questions? Email DLForeclosureOutreach-DLLR@maryland.gov www.dllr.maryland.gov/finance