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Within the past six years or so a backlog of delinquent home mortgage loans have caused some serious delays in mortgage foreclosures. It has now become the case that it could potentially take years after a borrower stops making payments before the lender initiates a foreclosure on a mortgaged property. Therefore, it is important for borrowers to understand what a statute of limitations is, as well as be aware of the time limit for their state ( including Maryland), to ensure that the home mortgage foreclosure is not barred by the statute of limitations [ Maryland's Foreclosure Statutes: code of Maryland ( Real Property) Sections 7-105 through 7-105.8; Maryland Rules 14-201 through 14-209; Maryland Rules 14-305 through 14-306 ].
In Maryland, mortgage and deed of trust notes are generally drafted as documents under "seal", and are further recorded against the real estate in land records as a lien. Claims of such debts (including mortgage loan foreclosures) are generically known as "specialties' and have a 12-year statute of limitations period to file a foreclosure claim starting from the date of the breach in payment terms by the mortgagee. Unfortunately, this contrasts sharply with a number of other states such as Nevada (only 6 years) which have shorter statute of limitations periods to foreclose of residential properties.
In 2014 Maryland significantly shortened its time period in which mortgagors can sue mortgages who have been foreclosed upon for the "deficiency" (unpaid amount) remaining after a foreclosure. It was twelve years, it is now 3 years. Again, Maryland is behind several other states in this "deficiency" area.
[ For informational purposes only. No attorney-client relationship is intended nor created by the information presented in this blog.]
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