Office of the Commissioner of Financial Regulation

 

Residential Mortgage Foreclosure Regulations (COMAR 09.03.12.01 - .12) - Effective Dates - Advisory

 

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October 24, 2011

We are issuing this guidance on the effective date of the new emergency regulations relating to the mortgage foreclosure process.

  • The current emergency regulations expire on October 24, 2011. See Maryland Register, Volume 38, Issue 21, Page 1317 and Maryland Register, Volume 38, Issue 14, Page 787.
  • The new emergency regulations become effective on October 25, 2011. The emergency regulations are identical to the proposed regulations that were proposed on October 7, 2011. The comment period for the proposed regulations expires on November 7, 2011.

When the emergency regulations were last extended in June, 2011, the Maryland Register erroneously published the expiration date as November 24, 2011. An Erratum was published in the Maryland Register on October 7, 2011. Notwithstanding the Erratum, we understand that there has been confusion regarding the effective date of the new emergency regulations.

The Commissioner does not have the power to change the expiration date of the emergency regulations, as approved by the Administrative, Executive and Legislative Review Committee of the Maryland General Assembly (AELR). Similarly, the Commissioner does not have the power to change the effective date of the new emergency regulations as approved by AELR. Please note, the Commissioner has taken substantial steps to notify the Judiciary of the problems in the public notice of the new emergency regulations and proposed regulations.