Stop Scamming Us

The phrase ORDER TO DOCKET (Step 5), is legal jargon which, in plain English, translates to the fact that the foreclosing law firm has filed an action with a Maryland Circuit Court to foreclose on the property. The general rule is that the foreclosing law firm must file the ORDER TO DOCKET in the county in which the property sits.

For example, if you Default on your home in Anne Arundel County, the case must be filed with the Circuit Court for Anne Arundel County and not in Prince George's County.

False information: Many homeowners believe that when a foreclosure is Docketed with the court, there will be an opportunity to have a hearing on whether or not the foreclosure can happen. This is not the case at all (only 2 exceptions exist, allowing a homeowner to have a day in court- see Section called "Injunctions and Exceptions"), as a matter of fact, Maryland is known as a quasi-judicial foreclosure state. Simply put, a lender can foreclose by simply filing an ORDER TO DOCKET! There is no hearing in front of a Judge. No matter how bad your story of loss of income is, a Judge cannot stop a foreclosure if there is a true DEFAULT.   When you get a copy of the ORDER TO DOCKET, there should be a case number contained within the document, if it does not have a case number, call the court to get this information so that you can track the progress of the case with the courts.

A helpful hint: If you are unsure if an ORDER TO DOCKET was filed, look online.  Some counties keep all filings on a website. Log onto http://www.courts.state.md.us/ and click on "Quick Links" and search by typing in your name and see what, if anything, has been filed against you. REMEMBER, not all counties use this system (Prince George's County does not).  It is wise to call the courthouse to verify if an Order To Docket was filed.

The ORDER TO DOCKET must contain the following:

1. Affidavit stating the date of the default, the nature of the default, the date and fact that the Notice of Intent to Foreclose was sent;
2. Original or certified copy of the mortgage or deed of trust;
3. Statement of the debt remaining supported by affidavit; 
4. Copy of the debt instrument and an affidavit of ownership;
5. Original or certified copy of the assignment of the mortgage if applicable;
6. The mortgage lender and originator's license number if applicable;
7. Affidavit that defendant is not in the military;
8. Copy of the uniform Notice of Intent to Foreclose; and
9. A uniform Notice to defendant that the foreclosure action has been filed that complies with the law.

If the ORDER TO DOCKET does not contain all of this information, see an Attorney. Use this as a checklist to ensure that the ORDER to DOCKET was filed properly and in accordance with Maryland Law.