Chapter 02. Housing Counseling Certification for Prefile Mediation
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Department” means the Department of Housing and Community Development, a principal department of the State.
(2)
“Housing counseling services” means assistance provided to mortgagors or grantors by nonprofit and governmental entities that are identified on a list maintained by the Department of Housing and Community Development under COMAR 05.19.01.05.
(3)
“Prefile mediation” means foreclosure mediation that occurs in accordance with Real Property Article, §7-105.1(d), Annotated Code of Maryland, before the date on which the order to docket or complaint to foreclose is filed.
Regulation .02 Purpose.LinkCopy Citation
The purpose of this chapter is to prescribe the timing and form of certification of a mortgagor or grantor’s participation in housing counseling services as a precondition to prefile mediation in accordance with Real Property Article, §7-105.1(d), Annotated Code of Maryland .
Regulation .03 Providing Information on Housing Counseling Services.LinkCopy Citation
The Department shall:
A.
Maintain information on housing counseling programs and services provided by nonprofit and government organizations certified by the U.S. Department of Housing and Urban Development that are available to residents of the State; and
B.
Provide the information on housing counseling services and a sample of the form under Regulation .04 of this chapter to the general public at:
(1)
The Department’s website address, http://www.mdhousing.org/Website/Housing/Default.aspx;
(2)
Department of Housing and Community Development, 100 Community Place Crownsville, Maryland 20736; and
(3)
The Maryland Department of Labor’s website address, http://www.dllr.state.md.us/finance/.
Regulation .04 Timing and Certification of Housing Counseling Services.LinkCopy Citation
A.
A mortgagor or grantor that has elected to participate in prefile mediation offered by a secured party must:
(1)
Regardless if they have previously completed housing counseling services, either:
(a)
Obtain housing counseling services after their election to be participate in prefile mediation; or
(b)
Be receiving housing counseling services at the time of their election to participate in prefile mediation; and
(2)
Complete the housing counseling services prior to the prefile mediation.
B.
Upon completion of housing counseling services, the entity that provided the services shall provide the mortgagor or grantor with a certificate of housing counseling services in substantially the following form:
Chapter annotations
Authority: Real Property Article, §7-105.1(d)(4)(ii), Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.04 adopted as an emergency provision effective October 1, 2012 (39:21 Md. R. 1375); emergency status extended to September 30, 2013 (40:9 Md. R. 788); adopted permanently effective August 5, 2013 (40:15 Md. R. 1228)