New Maryland Rule Affords Homeowners Additional Rights in Foreclosure Proceedings

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There were nearly 10,000 foreclosures across the state in the first four months of 2009. This trend is expected to continue for many months if not years. Maryland lawyers and the state judiciary of doing what they can to assist homeowners in dealing with imminent foreclosure of their homes. In so doing, more than 700 attorneys have volunteered their time under a statewide program known as the Foreclosure Prevention Pro Bono Project.

The Maryland Department of Housing & Community Development has an excellent website that links the user to valuable information about foreclosure assistance programs. It not only provides information to homeowners, but also to renters whose rental properties are in foreclosure.

Maryland laws regarding foreclosure proceedings have been amended over the past year to afford more procedural safeguards to homeowners whose homes may unknowingly be in foreclosure. Previously, notice of the foreclosure could be sent via certified mail. Under the new law, the notice of commencement of foreclosure must now be personally served upon the homeowner. On May 1, 2009, the Standing Committee on Rules and Procedures proposed various amendments to the rules related to foreclosures. Among other things, the amendments afford homeowners "a fair opportunity" to raise objections and defenses to foreclosure actions. Although homeowners have always had the right to challenge a foreclosure, the new rule clarifies the timing of such challenges and is written is easier-to-understand language. A complete version of the amendments to Title 14 of the Maryland Rules dealing with foreclosure procedures can be viewed at the Maryland Judiciary Website.

Belsky, Weinberg and Horowitz is a "debt relief agency" assisting individuals with the filing of Chapter 7 and 13 cases.  We can stop a foreclosure before it occurs and help to reorganize the missed mortgage payments and other debts.  Please visit our website for more information about the firm's consumer bankruptcy practice.

 

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This page contains a single entry by Alan J. Belsky published on June 30, 2009 4:38 PM.

Schedule A -- Real Property Disclosure in Bankruptcy was the previous entry in this blog.

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