Maryland Code, REAL PROPERTY 7-105.4
Terms Used In Maryland Code, REAL PROPERTY 7-105.4
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- certified mail: includes "registered mail"; and
(3) "registered mail" includes "certified mail". See - Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Trustee: A person or institution holding and administering property in trust.
(1) 30 days before the day on which a foreclosure sale of the property is actually held; and
(2) The date on which an action to foreclose the mortgage or deed of trust is filed.
(b) In addition to any notice required to be given by provisions of the Annotated Code of Maryland or the Maryland Rules, the person authorized to make a sale in an action to foreclose a mortgage or deed of trust shall give written notice of the proposed sale to:
(1) The record owner of the property to be sold; and
(2) A condominium or homeowners association that, at least 30 days before the date of the proposed sale, has recorded a statement of lien against the property under the Maryland Contract Lien Act.
(c) (1) The written notice shall be sent:
(i) By certified mail, postage prepaid, return receipt requested, bearing a postmark from the United States Postal Service, to the record owner and, if applicable, to a condominium or homeowners association at the address shown on the statement of lien; and
(ii) By first-class mail.
(2) The notice shall state the time, place, and terms of the sale and shall be sent not earlier than 30 days and not later than 10 days before the date of sale.
(3) The person giving the notice shall file in the proceedings:
(i) A return receipt; or
(ii) An affidavit that:
1. The provisions of this subsection have been complied with; or
2. The address of the record owner is not reasonably ascertainable.
(4) The person authorized to make a sale in an action to foreclose a mortgage or deed of trust is not required to give notice to a record owner whose address is not reasonably ascertainable.
(d) In the event of postponement or cancellation of the sale, which may be done in the discretion of the trustee, the trustee shall, within 14 days after the postponement or cancellation, send a notice that the sale was postponed or canceled to the record owner and, if applicable, to a condominium or homeowners association to which notice of the proposed sale was sent under subsection (c) of this section, by first-class mail, postage prepaid.
(e) The right of a record owner to file an action for the failure of the person authorized to make a sale in an action to foreclose a mortgage or deed of trust to comply with the provisions of this section shall expire 3 years after the date of the order ratifying the foreclosure sale.