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RULE 14-102. JUDGMENT AWARDING POSSESSION

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 14. Sales of Property
Chapter 100. General Provisions
MD Rules, Rule 14-102
RULE 14-102. JUDGMENT AWARDING POSSESSION
(a) Motion.
(1) If the purchaser of an interest in real property at a sale conducted pursuant to the Rules in this Title is entitled to possession and the person in actual possession fails or refuses to deliver possession, the purchaser or a successor in interest who claims the right of immediate possession may file a motion for judgment awarding possession of the property.
(2) The motion shall state the legal and factual basis for the movant's claim of entitlement to possession.
(3) If the movant's right to possession arises from a foreclosure sale of a dwelling or residential property, the motion shall include averments, based on a reasonable inquiry into the occupancy status of the property and made to the best of the movant's knowledge, information, and belief, establishing either that the person in actual possession is not a bona fide tenant having rights under Code, Real Property Article, § 7-105.6 or, if the person in possession is such a bona fide tenant, that the notice required under these laws has been given and that the tenant has no further right to possession. If a notice pursuant to Code, Real Property Article, § 7-105.6 is required, the movant shall state the date the notice was given and attach a copy of the notice as an exhibit to the motion.
Committee note: Unless the purchaser is a foreclosing lender or there is waste or other circumstance that requires prompt remediation, the purchaser ordinarily is not entitled to possession until the sale has been ratified and the purchaser has paid the full purchase price and received a deed to the property. See Legacy Funding v. Cohn, 396 Md. 511 (2007) and Empire v. Hardy, 386 Md. 628 (2005).
(b) Affidavit and Notice. The motion shall be accompanied by:
(1) an affidavit that states:
(A) the name of the person in actual possession, if known;
(B) the actions taken to conduct a reasonable inquiry into the occupancy status of the property;
(C) whether the person in actual possession was a party to the action that resulted in the sale or to the instrument that authorized the sale;
(D) if the purchaser paid the full purchase price and received a deed to the property, the date the payment was made and the deed was received; and
(E) if the purchaser has not paid the full purchase price or has not received a deed to the property, the factual basis for the purchaser's claim of entitlement to possession; and
(2) if the person in actual possession was not a party to the action or instrument, a notice advising the person that any response to the motion must be filed within 30 days after being served or within any applicable longer time prescribed by Rule 2-321 (b) for answering a complaint. A copy of Rule 2-321 (b) shall be attached to the notice.
(c) No Show Cause Order, Summons, or Other Process. The court shall not issue a show cause order, summons, or other process by reason of the filing of a motion pursuant to this Rule.
(d) Service and Response.
(1) On Whom. The motion and all accompanying documents shall be served on the person in actual possession and on any other person affected by the motion.
(2) Party to Action or Instrument.
(A) If the person to be served was a party to the action that resulted in the sale or to the instrument that authorized the sale, the motion shall be served in accordance with Rule 1-321.
(B) Any response shall be filed within the time set forth in Rule 2-311.
(3) Not a Party to Action or Instrument
(A) If the person to be served was not a party to the action that resulted in the sale or a party to the instrument that authorized the sale, the motion shall be served:
(i) by personal delivery to the person or to a resident of suitable age and discretion at the dwelling house or usual place of abode of the person, or
(ii) if on at least two different days a good faith effort was made to serve the person under subsection (d)(3)(A)(i) of this Rule but the service was not successful, by (a) mailing a copy of the motion by certified and first-class mail to the person at the address of the property and (b) posting in a conspicuous place on the property a copy of the motion, with the date of posting conspicuously written on the copy.
(B) Any response shall be filed within the time prescribed by sections (a) and (b) of Rule 2-321 for answering a complaint. If the person asserts that the motion should be denied because the person is a bona fide tenant having a right of possession under Code, Real Property Article, § 7-105.6, the response shall (i) state the legal and factual basis for the assertion and (ii) be accompanied by a copy of any bona fide lease or documents establishing the existence of such a lease or state why the lease or documents are not attached.
(4) Judgment of Possession. If a timely response to the motion is not filed and the court finds that the motion complies with the requirements of sections (a) and (b) of this Rule, the court may enter a judgment awarding possession. If a timely response to the motion is filed and the response asserts sufficient grounds for denial of a judgment awarding possession, the court shall hold a hearing, if requested.
Cross reference: See Rule 2-311 (f), providing that the court may not render a decision that is dispositive of a claim or defense without a hearing if a hearing was requested as provided in that section.
(e) Residential Property; Notice and Affidavit. After entry of a judgment awarding possession of residential property as defined in Rule 14-202 (q), but before executing on the judgment, the purchaser shall:
(1) send by first-class mail the notice required by Code, Real Property Article, § 7-105.9 (d) addressed to “All Occupants” at the address of the property; and
(2) file an affidavit that the notice was sent.
Cross reference: Rule 2-647 (Enforcement of Judgment Awarding Possession).
Source: This Rule is derived in part from the 2008 version of former Rule 14-102 and is in part new.

Credits

[Adopted Feb. 10, 2009, eff. May 1, 2009. Amended June 16, 2009, eff. June 17, 2009; June 7, 2010, eff. July 1, 2010; March 11, 2013, eff. May 1, 2013; April 9, 2018, eff. July 1, 2018.]

Editors' Notes

HISTORICAL NOTES
2009 Orders
The June 16, 2009, order rewrote the rule, which previously read:
“(a) Motion. If the purchaser of an interest in real property at a sale conducted pursuant to the Rules in this Title is entitled to possession and the person in actual possession fails or refuses to deliver possession, the purchaser may file a motion for judgment awarding possession of the property. If the purchaser has not paid the full purchase price and received a deed to the property, the motion shall state the legal basis for the purchaser's claim of entitlement to possession. Except as otherwise provided in this Rule, Rule 2-311 applies.
“Committee note: Unless the purchaser is a foreclosing lender or there is waste or other circumstance that requires prompt remediation, the purchaser ordinarily is not entitled to possession until the sale has been ratified and the purchaser has paid the full purchase price and received a deed to the property. See Legacy Funding v. Cohn, 396 Md. 511 (2007) and Empire v. Hardy, 386 Md. 628 (2005).
“(b) Affidavit and Notice. The motion shall be accompanied by:
“(1) an affidavit that states:
“(A) the name of the person in actual possession, if known;
“(B) whether the person in actual possession was a party to the action that resulted in the sale or to the instrument that authorized the sale;
“(C) if the purchaser paid the full purchase price and received a deed to the property, the date the payment was made and the deed was received; and
“(D) if the purchaser has not paid the full purchase price or has not received a deed to the property, the factual basis for the purchaser's claim of entitlement to possession; and
“(2) if the person in actual possession was not a party to the action or instrument, a notice advising the person that any response to the motion must be filed within 30 days after being served or within any applicable longer time prescribed by Rule 2-321 (b) for answering a complaint. A copy of Rule 2-321 (b) shall be attached to the notice.
“(c) No Show Cause Order, Summons, or Other Process. The court shall not issue a show cause order, summons, or other process by reason of the filing of a motion pursuant to this Rule.
“(d) Service and Response.
“(1) On Whom. The motion and all accompanying documents shall be served on the person in actual possession and on any other person affected by the motion.
“(2) Party to Action or Instrument.
“(A) If the person to be served was a party to the action that resulted in the sale or to the instrument that authorized the sale, the motion shall be served in accordance with Rule 1-321.
“(B) Any response shall be filed within the time set forth in Rule 2-311.
“(3) Not a Party to Action or Instrument.
“(A) If the person to be served was not a party to the action that resulted in the sale or a party to the instrument that authorized the sale, the motion shall be served:
“(i) by personal delivery to the person or to a resident of suitable age and discretion at the dwelling house or usual place of abode of the person, or
“(ii) if on at least two different days a good faith effort was made to serve the person under subsection (d)(3)(A)(i) of this Rule but the service was not successful, by (a) mailing a copy of the motion by certified and first-class mail to the person at the address of the property and (b) posting in a conspicuous place on the property a copy of the motion, with the date of posting conspicuously written on the copy.
“(B) Any response shall be filed within the time prescribed by sections (a) and (b) of Rule 2-321 for answering a complaint.
“(4) Judgment of Possession. If a timely response to the motion is not filed, the court may enter a judgment awarding possession.
“Cross reference: Rule 2-647 (Enforcement of Judgment Awarding Possession).
“Source: This Rule is derived in party from the 2008 version of former Rule 14-102 and is in part new.”
2010 Orders
The June 7, 2010, order rewrote subsec. (a); inserted a new subsec. (b)(1)(B) and renumbered former subsecs. (b)(1)(B) through (b)(1)(D) to be subsecs. (b)(1)(C) to (b)(1)(E); and in (d)(3)(B), inserted “or Code, Real Property Article, § 7-105.6”. Subsection (a) previously read:
“(a) Motion. If the purchaser of an interest in real property at a sale conducted pursuant to the Rules in this Title is entitled to possession and the person in actual possession fails or refuses to deliver possession, the purchaser or a successor in interest who claims the right of immediate possession may file a motion for judgment awarding possession of the property. The motion shall state the legal and factual basis for the movant's claim of entitlement to possession. If the movant's right to possession arises from a foreclosure sale of a dwelling or residential property, the motion shall include averments, made to the best of the movant's knowledge, information, and belief, establishing either that the person in possession is not a bona fide tenant having rights under the Federal Protecting Tenants at Foreclosure Act of 2009 (P.L. 111-22) or, if the person in possession is such a bona fide tenant, that the notice required under that Act has been given and that the tenant has no further right to possession. If a notice pursuant to the Federal Act is required, the movant shall state the date the notice was given and attach a copy of the notice as an exhibit to the motion.”
2013 Orders
The May 1, 2013, order, amended the Rule to correct an internal reference.
Prior Rules:
Rule 14-102, adopted June 5, 1996, effective January 1, 1997, related to judgment awarding possession of real property, rescinded February 10, 2009, effective May 1, 2009. See Md. Rule 14-102.
2018 Orders
The April 9, 2018 order, deleted a references to a certain statute, added a sentence to subsection (d)(4) pertaining to a hearing after the filing of a timely response to a motion for judgment awarding possession, and added a cross reference.
MD Rules, Rule 14-102, MD R PROP SALES Rule 14-102
Current with amendments received through December 15, 2019.
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