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RULE 14-208. SUBSEQUENT PROCEEDINGS IF NO POWER OF SALE OR ASSENT TO A DECREE

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 14. Sales of Property
Chapter 200. Foreclosure of Lien Instruments (Refs & Annos)
MD Rules, Rule 14-208
RULE 14-208. SUBSEQUENT PROCEEDINGS IF NO POWER OF SALE OR ASSENT TO A DECREE
(a) Process and Service. When a complaint is filed to foreclose a lien that has neither a power of sale nor an assent to a decree, process shall issue and be served in accordance with Title 2, Chapter 100 of these Rules, except that in an action to foreclose a lien on residential property, service shall be in accordance with Rule 14-209. Except as provided in section (b) of this Rule, the action shall proceed in the same manner as any other civil action.
(b) Order Directing Immediate Sale. If after a hearing, the court finds that the interests of justice require an immediate sale of the property that is subject to the lien and that a sale would likely be ordered as a result of a judgment entered in the action, the court may order a sale of the property before judgment and shall appoint an individual to make the sale pursuant to Rule 14-214.1, provided any applicable requirements of Code, Real Property Article, § 7-105.1 have been satisfied. The court shall order that the proceeds be deposited or invested pending distribution pursuant to judgment.
If after a hearing, the court finds that the interests of justice require an immediate sale of the property that is subject to the lien and that a sale would likely be ordered as a result of a judgment entered in the action, the court may order a sale of the property before judgment and shall appoint an individual to make the sale pursuant to Rule 14-214.1, provided any applicable requirements of Code, Real Property Article, § 7-105.1 have been satisfied. The court shall order that the proceeds be deposited or invested pending distribution pursuant to judgment.
Source: This Rule is derived from the 2008 version of former Rule 14-205 (a) and (b)(2).

Credits

[Adopted Feb. 10, 2009, eff. May 1, 2009. Amended June 7, 2010, eff. July 1, 2010; April 9, 2018, eff. July 1, 2018.]
MD Rules, Rule 14-208, MD R PROP SALES Rule 14-208
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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