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RULE 14-305. PROCEDURE FOLLOWING SALE

West's Annotated Code of MarylandMaryland RulesEffective: October 1, 2021

West's Annotated Code of Maryland
Maryland Rules
Title 14. Sales of Property
Chapter 300. Judicial Sales (Refs & Annos)
Effective: October 1, 2021
MD Rules, Rule 14-305
RULE 14-305. PROCEDURE FOLLOWING SALE
Currentness
(a) Report of Sale. As soon as practicable, but not more than 30 days after a sale, the person authorized to make the sale shall file with the court a complete report of the sale and an affidavit of the fairness of the sale and the truth of the report.
(b) Affidavit of Purchaser. Before a sale is ratified, unless otherwise ordered by the court for good cause, the purchaser shall file an affidavit setting forth:
(1) whether the purchaser is acting as an agent and, if so, the name of the principal;
(2) whether others are interested as principals and, if so, the names of the other principals; and
(3) that the purchaser has not directly or indirectly discouraged anyone from bidding for the property.
(c) Affidavit of Auctioneer. Within 15 days after conducting a sale, the auctioneer shall file an affidavit stating that:
(1) neither the auctioneer nor any affiliate or subsidiary of the auctioneer has paid any compensation or other consideration to any person for hiring or aiding in the hiring of the auctioneer to conduct the sale;
(2) neither the auctioneer nor any affiliate or subsidiary of the auctioneer has any direct or indirect interest in the property sold other than a lawful and agreed-upon fee for conducting the sale; and
(3) neither the auctioneer nor any affiliate or subsidiary of the auctioneer has entered into any agreement or understanding with any person to conduct or assist with the resale of the property other than a resale ordered by the court pursuant to section (f) or (h) of this Rule.
Committee note: Section (c) of this Rule does not preclude a trustee from hiring an auctioneer to provide additional services in connection with the sale. If the additional compensation is to be paid to the auctioneer from the trust estate, a court order approving the payment is required.
(d) Sale of Interest in Real Property; Notice. Upon the filing of a report of sale of real property or chattels real pursuant to section (a) of this Rule, the clerk shall issue a notice containing a brief description sufficient to identify the property and stating that the sale will be ratified unless cause to the contrary is shown within 30 days after the date of the notice. A copy of the notice shall be published at least once a week in each of three successive weeks before the expiration of the 30-day period in one or more newspapers of general circulation in the county in which the report of sale was filed.
(e) Exceptions to Sale.
(1) How Taken. A party, and, in an action to foreclose a lien, the holder of a subordinate interest in the property subject to the lien, may file exceptions to the sale. Exceptions shall be in writing, shall set forth the alleged irregularity with particularity, and shall be filed within 30 days after the date of a notice issued pursuant to section (d) of this Rule or the filing of the report of sale if no notice is issued. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise.
(2) Ruling on Exceptions; Hearing. The court shall determine whether to hold a hearing on the exceptions but it may not set aside a sale without a hearing. The court shall hold a hearing if a hearing is requested and the exceptions or any response clearly show a need to take evidence. The clerk shall send a notice of the hearing to all parties and, in an action to foreclose a lien, to all persons to whom notice of the sale was given pursuant to Rule 14-206 (b).
(f) Ratification. The court shall ratify the sale if (1) the time for filing exceptions pursuant to section (e) of this Rule has expired and exceptions to the report either were not filed or were filed but overruled, and (2) the court is satisfied that the sale was fairly and properly made. If the court is not satisfied that the sale was fairly and properly made, it may enter any order that it deems appropriate.
(g) Referral to Auditor. Upon ratification of a sale, the court, pursuant to Rule 2-543, may refer the matter to an auditor to state an account.
(h) Resale. If the purchaser defaults, the court, on application and after notice to the purchaser, may order a resale at the risk and expense of the purchaser or may take any other appropriate action.
Source: This Rule is derived from former Rule BR6.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended July 9, 2021, eff. Oct. 1, 2021.]
MD Rules, Rule 14-305, MD R PROP SALES Rule 14-305
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document