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§ 7-105.4. Sales upon default; written notice of proposed sale

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, § 7-105.4
Formerly cited as MD REAL PROP § 7-105.2
§ 7-105.4. Sales upon default; written notice of proposed sale
Record owner defined
(a) In this section, “record owner” means the person holding record title to property as of the later of:
(1) 30 days before the day on which a foreclosure sale of the property is actually held; and
(2) The date on which an action to foreclose the mortgage or deed of trust is filed.
Notice to record owner of property required
(b) In addition to any notice required to be given by provisions of the Annotated Code of Maryland or the Maryland Rules, the person authorized to make a sale in an action to foreclose a mortgage or deed of trust shall give written notice of the proposed sale to:
(1) The record owner of the property to be sold; and
(2) A condominium or homeowners association that, at least 30 days before the date of the proposed sale, has recorded a statement of lien against the property under the Maryland Contract Lien Act.
Form and contents of notice
(c)(1) The written notice shall be sent:
(i) By certified mail, postage prepaid, return receipt requested, bearing a postmark from the United States Postal Service, to the record owner and, if applicable, to a condominium or homeowners association at the address shown on the statement of lien; and
(ii) By first-class mail.
(2) The notice shall state the time, place, and terms of the sale and shall be sent not earlier than 30 days and not later than 10 days before the date of sale.
(3) The person giving the notice shall file in the proceedings:
(i) A return receipt; or
(ii) An affidavit that:
1. The provisions of this subsection have been complied with; or
2. The address of the record owner is not reasonably ascertainable.
(4) The person authorized to make a sale in an action to foreclose a mortgage or deed of trust is not required to give notice to a record owner whose address is not reasonably ascertainable.
Notice required for postponement or cancellation of sale
(d) In the event of postponement or cancellation of the sale, which may be done in the discretion of the trustee, the trustee shall, within 14 days after the postponement or cancellation, send a notice that the sale was postponed or canceled to the record owner and, if applicable, to a condominium or homeowners association to which notice of the proposed sale was sent under subsection (c) of this section, by first-class mail, postage prepaid.
Limitations for failure to provide notice of sale
(e) The right of a record owner to file an action for the failure of the person authorized to make a sale in an action to foreclose a mortgage or deed of trust to comply with the provisions of this section shall expire 3 years after the date of the order ratifying the foreclosure sale.

Credits

Added by Acts 1974, c. 12, § 2, eff. July 1, 1974. Amended by Acts 1976, c. 272; Acts 1980, c. 436; Acts 1980, c. 538; Acts 1980, c. 565; Acts 1981, c. 290; Acts 1983, c. 563; Acts 1983, c. 602; Acts 1985, c. 361; Acts 1985, c. 656; Acts 1992, c. 625; Acts 1993, c. 113; Acts 1995, c. 580, § 1, eff. Oct. 1, 1995; Acts 1996, c. 364, § 1, eff. Oct. 1, 1996; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 2005, c. 509, § 1, May 26, 2005. Renumbered from Real Property § 7-105(b) as § 7-105.2 by Acts 2008, c. 1, § 1, eff. April 3, 2008; Acts 2008, c. 2, § 1, eff. April 3, 2008. Amended by Acts 2017, c. 346, § 1, eff. Oct. 1, 2017; Acts 2017, c. 347, § 1, eff. Oct. 1, 2017. Renumbered as Real Property § 7-105.4 by Acts 2019, c. 93, § 1, eff. Oct. 1, 2019.
MD Code, Real Property, § 7-105.4, MD REAL PROP § 7-105.4
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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