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Cliff M Blondes

Cliff Blondes’s Answers

63 total

  • The law firm of my foreclosure sent me documention of someone else's foreclosure and I don't know if mine went elsewhere? Sue?

    I have received someone else's documents regarding their foreclosure in MD. I called to law firm to ask why the mistake and where was my personal information sent to. At first they insisted I wasn't reading the documents correctly then stated they...

    Cliff’s Answer

    You can always check to see if a case has been filed against you using this website of the Maryland Courts:

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  • What can be done about an illegal eviction/foreclosure

    On 4/10/15 I came home to the sheriff and a moving crew setting stuff out of my house. They told me there was a foreclosure being done and they had no paperwork. As of recent I found out someone tried to rent the house in my name, took the potenti...

    Cliff’s Answer

    Are you certain that you are the record owner of the property and/or at least one of the parties that signed the security interest that is recorded in the Land Records (typically a "Deed of Trust" or "Mortgage")? If not, or to check, you may need to search on the name of one of the parties that executed this document to find it in the MD case search database If not you sometimes can find a reference to the record owner and/or a recorded document in the SDAT database searching on street address in the county where the property is located (Prince George's?). You might then be able to create an account to review recorded documents in land records

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  • Is 3 yrs the statute of limitations for foreclosure in Maryland? An owner-occupied home would not require 12 yrs per 5-102(c)(2)

    Even though a mortgage would fall under the 12 year rule, it seems like the statute of limitations would be 3 years per 5-102-(c)(2) which states "A deed of trust, mortgage, or promissory note that has been signed under seal and secures or is secu...

    Cliff’s Answer

    My esteemed colleague's questions and analysis are on point. My guess is that you are confusing the lender/noteholder's right to foreclose under the deed of trust security instrument and use the proceeds from the sale of the secured property to satisfy the debt due under the promissory note with the lender's right to pursue the borrower for any funds remaining due after the application of those sales proceeds, i.e., a deficiency.

    With respect to owner-occupied residential property, as of July 1, 2014, the time period to seek a judgment based on any such deficiency was reduced from 12 years to 3 years after the final ratification of the auditor's report.

    Rule 14-216. Proceeds of sale

    (a) Distribution of surplus. At any time after a sale of property and before final ratification of the auditor's account, any person claiming an interest in the property or in the proceeds of the sale of the property may file an application for the payment of that person's claim from the surplus proceeds of the sale. The court shall order distribution of the surplus equitably among the claimants.

    (b) Deficiency judgment. At any time within three years after the final ratification of the auditor's report, a secured party or any appropriate party in interest may file a motion for a deficiency judgment if the proceeds of the sale, after deducting all costs and expenses allowed by the court, are insufficient to satisfy the debt and accrued interest. If the person against whom the judgment is sought is a party to the action, the motion shall be served in accordance with Rule 1-321. Otherwise, the motion shall be served in accordance with Rule 2-121 and shall be accompanied by a notice advising the person that any response to the motion must be filed within 30 days after being served or within any applicable longer time prescribed by Rule 2-321(b) for answering a complaint. A copy of Rule 2-321(b) shall be attached to the notice.

    Md. Rule 14-216

    Md. REAL PROPERTY Code Ann. § 7-105.13 (2014)
    § 7-105.13. Motion for deficiency judgment.

    (a) Definitions. --

    (1) In this section the following words have the meanings indicated.

    (2) "Owner-occupied residential property" has the meaning stated in § 7-105.1 of this subtitle.

    (3) "Residential property" has the meaning stated in § 7-105.1 of this subtitle.

    (b) Applicability. -- This section applies to residential property that was owner-occupied residential property at the time an order to docket or complaint to foreclose was filed.

    (c) In general. -- After the final ratification of the auditor's report following a sale made in accordance with §§ 7-105.1 through 7-105.8 of this subtitle or the Maryland Rules, a secured party or an appropriate party in interest may file a motion for a deficiency judgment if the proceeds of the sale, after deducting all costs and expenses allowed by the court, are insufficient to satisfy the debt and accrued interest.

    (d) Time for filing. -- A motion for deficiency judgment under this section shall be filed within 3 years after the final ratification of the auditor's report.

    (e) Applicability of Maryland Rules. -- The secured party or party in interest shall serve the motion in accordance with the Maryland Rules.

    (f) Motion is sole post-ratification remedy. -- The filing of a motion for deficiency judgment in accordance with this section and the Maryland Rules shall constitute the sole post-ratification remedy available to a secured party or party in interest for breach of a covenant contained in a deed of trust, mortgage, or promissory note that secures or is secured by owner-occupied residential property.

    HISTORY: 2014, ch. 592, § 2.

    Md. REAL PROPERTY Code Ann. § 7-105.13

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  • In the state of md in a foreclosure sale which IRS redeems after settlement can buy recover transfers fees and broker

    this is a commercial property will cost of mortgage and settlement cost also be included

    Cliff’s Answer

    I assume that you went to settlement before the IRS period of redemption expired. There are regulations that spell out what the IRS must pay to redeem. I think that you need experienced legal counsel to review your particular situation in light of the IRS Manual, Internal Revenue Code Section 7425(d) and 28 U.S. Code § 2410 - Actions affecting property on which United States has lien.

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  • Final Order Ratifying Auditors Report

    What does it mean when i look up my Foreclosure and it says Final Order Ratifying Auditors Report. This has been going on in court for over a year now. I'm Hoping this is the final step and its over with. I'm covered by bankruptcy but this Foreclo...

    Cliff’s Answer

    Unless someone files Exceptions to the Auditor's Report and/or an appeal, this should be the end of the foreclosure case for you, assuming that, as you state, you have been discharged in a Bankruptcy proceeding from any personal liability for any deficiency.

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  • What does it mean when the Auditors Account or Report is Ratified?

    I am going through a foreclosure in Baltimore County and the latest update on the case is Auditors Account or Report is Ratified. Previous to this entry I spoke with a lawyer and he said to wait until the case is further along to hire representa...

    Cliff’s Answer

    Without knowing what it is you wish to accomplish it is difficult to know what your next step should be. If you are an "interested person" you should have received a copy of the Auditor's proposed report and an indication that you had a right to object by filing exceptions or filing a claim should there be funds available for that purpose.

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  • What does affidavit of mail deliverly mean

    living in house that in process of foreclosure.I get a letter stating a forclosure sale of the property may occur at any time after 45 day from this letter the letter came on May 16,2014.I went on line and seen yes they been to court .This what th...

    Cliff’s Answer

    In a Maryland foreclosure, occupants of the residential property are entitled to certain notices and have statutory rights that go beyond anything that may be in your lease with your landlord. In addition, I highly recommend you IMMEDIATELY seek the advice of attorney who is well versed in this area of the law and not wait until after the foreclosure.

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  • Can the foreclosure of a home that effects the water of another home be allowed. Both houses are on one line and meter.

    What kind of remedy or action could be taken?

    Cliff’s Answer

    Your question raises many issues. Are the houses on separate lots? Does the deed of trust or mortgage cover both houses? If both houses are on the same lot then the foreclosure on just one may result in an illegal subdivision. As you can see, much more information is required in order to answer you question. This would require a careful review of the controlling deed of trust and status of title to the property(s) for which I suggest you retain an attorney experienced in this area of the law.

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  • Commercial property was foreclosed on and bank changed locks without notice and before the sale was ratified. Is this legal?

    This property is located in Maryland.

    Cliff’s Answer

    The security document, typically called a Deed of Trust, may allow for such action under applicable Maryland law. You need to have this document reviewed by an attorney with experience in commercial real estate foreclosures.

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  • I received a Ratification of Sale. Court documents state the auction took place on 2/3/2014. I was there. No Bids were made.

    The bid started at $350K. No bids were made and the property was remanded back to the lender. Court documents state that a bid of $348K was won by ??? the highest bidder. This is not true. I was there. Can they transfer title in that manner, i.e.,...

    Cliff’s Answer

    I recommend that you get a copy of both the Report of Sale and Affidavit of Purchaser from the court file in order to determine if what is being represented to the Court is different from what you recall. Since the Court already has ratified the sale there are issues of intrinsic versus extrinsic fraud that you would need to have a MD lawyer evaluate for you to determine what course of action(s) you may have available to you at this juncture if not properly reported.

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