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Maryland Instruction to Jury Regarding Damages for Wrongful Foreclosure

Category:
Civil Procedure - Jury Instructions - Foreclosures
State:
Multi-State
Control #:
US-01365BG
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Description

Foreclosure is the procedure by which a party who has loaned money secured by a mortgage or deed of trust on real property (or has an unpaid judgment), forces the sale of the real property to recover the money due, unpaid interest, plus the costs of foreclosure, after the debtor fails to make payment.


In most cases, a wrongful foreclosure action alleges that the amount stated as due and owing in the notice of default is incorrect for one or more of the following reasons: an incorrect interest rate adjustment, incorrect tax escrow collected, misapplied payments, or a forbearance agreement which was not adhered to by the servicer, Wrongful foreclosure actions are also brought when the servicers accept partial payments after initiation of the wrongful foreclosure process, then continue with the foreclosure.

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FAQ

?No Right of Redemption? means that even if the tenant produces the balance due the landlord still has the right to eviction the tenant. In Baltimore County, Prince George's County and Howard County, 3 prior judgments (file onthe 4th) are sufficient to seek ?No Right of Redemption?.

When a tenant fails to pay rent, the landlord may seek eviction and money damages. NEW: Before filing a Failure to Pay Rent case with the District Court, tenant's must be provided with a notice of the Landlord's intent to do so. The notice must tell the tenant how much rent is due and give them 10 days to pay.

If the Judge decides the tenant owes rent, and the tenant has not paid the rent, or appealed and posted a bond, the landlord must request the Judge to sign an ?Order for Warrant of Restitution,? which tells the Sheriff to evict the tenant.

If you do not pay your property taxes, the government will often take steps to sell a lien on the property to collect the owed taxes. In Maryland, there is a right of redemption that allows the property owner to buy back the rights to the property within a certain period after the sale.

The landlord can't just tell you that you have to move or throw out your belongings. To evict you, a landlord must go to District Court to get a judgment against you. If they get one, the court will issue an order of eviction and a sheriff will make you leave the home.

The circuit court will review the case on both the law and the evidence. It will not set aside the judgment of the District Court on the evidence unless clearly erroneous, and will give due regard to the opportunity of the District Court to judge the credibility of the witnesses.

DCL. Judgment - District Court Lien.

How Long Does an Eviction Stay on Your Record? An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.

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