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RULE 14-218. REMOVAL OF TRUSTEE UNDER A DEED OF TRUST

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 14-218
RULE 14-218. REMOVAL OF TRUSTEE UNDER A DEED OF TRUST
(a) Inapplicable Where Procedure Set Forth in Lien Instrument. The procedure for removal of a trustee under a deed of trust set forth in this Rule shall not supersede or nullify any procedure for the removal or substitution of a trustee that may be provided for in the deed of trust.
(b) Motion to Remove Trustee. When a trustee who has the right to institute a foreclosure action fails or refuses to do so, or if there is other good cause for the removal of the trustee under a deed of trust, secured parties holding not less than 25%, or any lesser percentage provided in the deed of trust, of the beneficial interest under the deed of trust may file a motion for the removal of the trustee and appointment of a new trustee. The motion shall be supported by affidavit and shall state the facts alleged to constitute grounds for removal. The motion may be filed in any court in which an action to foreclose may be instituted.
(c) Notice to Trustee. Unless the court orders otherwise, notice of the filing of the motion shall be served on the trustee by mailing a copy of the motion by certified mail to the last known address of the trustee.
Source: This Rule is derived from the 2008 version of former Rule 14-210, with style changes.

Credits

[Adopted Feb. 10, 2009, eff. May 1, 2009.]
MD Rules, Rule 14-218, MD R PROP SALES Rule 14-218
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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