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§ 7-105.12. Foreclosure sale purchaser prohibited from collecting rent payments from tenants

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2019

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 7. Mortgages, Deeds of Trust, and Vendor's Liens (Refs & Annos)
Subtitle 1. Mortgages and Deeds of Trust (Refs & Annos)
Effective: October 1, 2019
MD Code, Real Property, § 7-105.12
Formerly cited as MD REAL PROP § 7-105.10
§ 7-105.12. Foreclosure sale purchaser prohibited from collecting rent payments from tenants
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Bona fide tenant” means a tenant under a lease or tenancy described in § 7-105.8(b)(1) of this subtitle.
(3) “Foreclosure sale purchaser” means any purchaser at a foreclosure sale of a mortgage or deed of trust on residential property.
(4) “Residential property” has the meaning stated in § 7-105.1(a)(12) of this subtitle.
Inquiry and notice prior to collecting rent
(b) A foreclosure sale purchaser may not exercise any right to collect rent payments from a bona fide tenant in possession of a residential property unless the purchaser:
(1) Conducts a reasonable inquiry as required under Maryland Rule 14-102 into:
(i) The occupancy status of the residential property; and
(ii) Whether any individual in possession of the residential property is a bona fide tenant; and
(2) Serves on each bona fide tenant, by first-class mail with a certificate of mailing a notice that:
(i) Contains the name, address, and phone number of the purchaser or the agent of the purchaser who is responsible for managing and maintaining the residential property; and
(ii) States that rent payments must be directed to the purchaser or the agent identified in item (i) of this item.
Waiver of claim to collect rent payments
(c)(1) Except as provided in paragraph (2) of this subsection, a foreclosure sale purchaser waives any claim to rent payments from a bona fide tenant in possession of a residential property for any period of time before the purchaser satisfies the requirements under subsection (b) of this section.
(2) A foreclosure sale purchaser does not waive any claim to rent due and payable for use of the residential property for the 15 days immediately prior to the date that the purchaser satisfied the requirements under subsection (b) of this section.

Credits

Added as Real Property § 7-105.10 by Acts 2011, c. 245, § 1, eff. July 1, 2011; Acts 2011, c. 246, § 1, eff. July 1, 2011. Amended by Acts 2012, c. 66, § 6, eff. April 10, 2012; Acts 2014, c. 45, § 5. Renumbered as Real Property § 7-105.12 by Acts 2019, c. 93, § 1, eff. Oct. 1, 2019. Amended by Acts 2019, c. 93, § 2, eff. Oct. 1, 2019.
MD Code, Real Property, § 7-105.12, MD REAL PROP § 7-105.12
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document