03/14/2022
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IN THE COURT OF APPEALS OF MARYLAND
TWELFTH AMENDED ADMINISTRATIVE ORDER
ON THE SUSPENSION DURING THE COVID-19 EMERGENCY
OF FORECLOSURES, EVICTIONS, AND OTHER EJECTMENTS
INVOLVING RESIDENCES
WHEREAS, Pursuant to the Maryland Constitution, Article IV, § 18, the Chief
Judge of the Court of Appeals is granted authority as the administrative head of the Judicial
Branch of the State, including the closing of courts in the State of Maryland and non-court
judicial facilities; and
WHEREAS, Chapter 1000 of Title 16 of the Maryland Rules of Practice and
Procedure sets forth the emergency powers of the Chief Judge of the Court of Appeals; and
WHEREAS, In instances of emergency conditions, whether natural or otherwise,
that significantly affect access to or the operations of one or more courts or other judicial
facilities of the State or the ability of the Judiciary to operate effectively, the Chief Judge
of the Court of Appeals may be required to determine the extent to which court operations
or judicial functions shall continue; and
WHEREAS, Due to the outbreak of the novel coronavirus, COVID-19, and
consistent with guidance issued by the Centers for Disease Control and Prevention (CDC)
and the Maryland Department of Health (MDH), an emergency exists for which measures
continue to be required to mitigate potential for exposure for individuals visiting a court or
judicial facility and judicial personnel; and
WHEREAS, The Fifth Amended Administrative Order Expanding Statewide
Judiciary Operations in Light of the COVID-19 Emergency, filed March 1, 2022,
authorizes the courts’ consideration or resolution of matters that can be addressed without
a proceeding that involves testimony or argument; and
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WHEREAS, The Amended and the Second, Third, Fourth, Fifth, Sixth, Seventh,
Eighth, Ninth, Tenth, and Eleventh Amended Administrative Orders Lifting the Suspension
During the COVID-19 Emergency of Foreclosures, Evictions, and Other Ejectments
Involving Residences, filed June 3, 2020, August 11, 2020, October 2, 2020, November 12,
2020, November 24, 2020, December 22, 2020, February 2, 2021, February 16, 2021, May
24, 2021, August 6, 2021, and February 18, 2022, lifted the judicial stay on foreclosures,
evictions, and other ejectments involving residences effective July 25, 2020; and
WHEREAS, Foreclosures of residential properties, foreclosures of the rights of
redemption of residential properties, executions on residential real property under levy or
subject to a lien, and actions for possession (ejectments) of residential properties by ground
lease holders present the strong likelihood of placing an undue burden on the defendant
during the pendency of the emergency; and
WHEREAS, On March 18, 2020, the United States Department of Housing and
Urban Development – Federal Housing Administration (HUD-FHA), the United States
Department of Veterans Affairs (VA), the Federal Finance Housing Agency (FHFA), the
Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage
Corporation (Freddie Mac), and the United States Department of Agriculture Rural
Development (USDA) each issued a separate moratorium to suspend foreclosures on
residential property secured by mortgage loans backed, insured, or owned by these federal
agencies or entities; and
WHEREAS, Some but not all of the moratoria issued by the federal agencies or
entities include non-uniform exclusions of residential properties determined to be vacant
or abandoned; and
WHEREAS, The federal moratoria initially were to expire on May 17, 2020, which
deadline was extended through June 30, 2020, then further extended, and may be extended
again; andPage 3 of 6
WHEREAS, An estimated 70% of residential mortgages are owned or backed by a
federal agency; and
WHEREAS, Although the stay of all proceedings related to residential foreclosures
imposed by the Administrative Orders was lifted on July 25, 2020, the determination as to
whether a residential foreclosure is subject to a moratorium issued under federal or state
authority is difficult, if not impossible, to ascertain from existing records,
NOW, THEREFORE, I, Joseph M. Getty, Chief Judge of the Court of Appeals and
administrative head of the Judicial Branch, pursuant to the authority conferred by Article
IV, § 18 of the Maryland Constitution, do hereby order this 1st day of March 2022,
effective March 7, 2022, as follows:
Residential Evictions and Other Ejectments
(a) Any Complaint for Failure to Pay Rent (DC/CV082) filed from May 20,
2020, through August 24, 2020, was required to be accompanied by a
Declaration of Compliance with the CARES Act; and
(b) The Declaration of Compliance certification shall be given in a form
substantially similar to the Declaration of Compliance Form DC-CV113; and
(c) Except for those Landlord/Tenant matters to be heard in the District Court in
Phases II and III as described in the Exhibit to the Fifth Amended
Administrative Order Expanding Statewide Judiciary Operations in Light of
the COVID-19 Emergency, filed March 1, 2022, the following shall apply,
subject to any stay or moratorium imposed by law:
(1) for warrants of restitution issued by the courts and in effect on March
16, 2020, or where the time remaining for the filing of a petition for a
warrant of restitution based on a judgment entered was at least one
day and up to sixty days on March 16, 2020, sections (d) and (f) of the
Twelfth Revised Administrative Order on the Emergency Tolling orPage 4 of 6
Suspension of Statutes of Limitations and Statutory and Rules
Deadlines Related to the Initiation of Matters and Certain Statutory
and Rules Deadlines in Pending Matters, filed March 1, 2022,
(Twelfth Revised Order on Emergency Tolling or Suspension) shall
apply; and
(2) for petitions for a warrant of restitution pending or filed between
March 16, 2020, and July 25, 2020, sections (h) and (i) of the Twelfth
Revised Order on Emergency Tolling or Suspension shall apply; and
(d) Unless prohibited by law, warrants of restitution are to be considered by the
courts on a case-by-case basis; and
Residential Foreclosures
(e) In all actions to foreclose a lien on a residential property and in all actions to
foreclose the right of redemption of a residential property after a tax sale that
was initiated or pending during the emergency period, any party seeking to
advance such an action on the basis that it is not then subject to a federal or
state stay, moratorium, or forbearance shall file a verified Declaration of
Exemption from Moratorium, setting forth facts to indicate:
(1) that the lien instrument is not owned, securitized, insured, or
guaranteed by a federal agency or entity; and
(2) that the residential property is not subject to any federal or state
moratorium or stay that restricts, in any way, an action to foreclose
upon a lien on a residential property; and
(3) that the secured party is proceeding in compliance with all extant
federal and state executive orders relating to the COVID-19
emergency with regard to residential foreclosures, including but not
limited to forbearances; andPage 5 of 6
(4) the facts the secured party relies upon to support any claim that the
lien is exempt from any moratorium or stay that may be in effect; and
(5) that the action may proceed; and
(f) The moving party must file an Amended Declaration of Exemption from
Moratorium setting forth a material change in circumstance regarding the
applicability of any stay or moratorium or requirement as described in
Section (e) of this Order within fifteen days of such change; and
(g) To the extent that this Administrative Order conflicts with extant
Administrative Orders, local judicial orders or memoranda, this
Administrative Order shall prevail; and
(h) The Tenth Amended Administrative Order on the Suspension During the
COVID-19 Emergency of Foreclosures, Evictions, and Other Ejectments
Involving Residences, filed on August 6, 2021, shall be and hereby is
rescinded effective March 7, 2022; and
(i) The Eleventh Amended Administrative Order on the Suspension During the
COVID-19 Emergency of Foreclosures, Evictions, and Other Ejectments
Involving Residences, filed on February 18, 2022, shall be and hereby is
rescinded, effective immediately; and
(j) This Administrative Order will be revised as circumstances warrant.
/s/ Joseph M. Getty
Joseph M. Getty
Chief Judge
Court of Appeals of MarylandPage 6 of 6
Filed: March 1, 2022
/s/ Suzanne C. Johnson
Suzanne C. Johnson
Clerk
Court of Appeals of Maryla
