Cliff M Blondes's Answers

MD state laws regarding foreclosure, anti-deficiency law

No, Maryland does not have an anti-deficiency type law. As a practical matter, not many traditional lenders pursue the defieciency although they do typically report it to the credit reporting bureaus.

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In MD, can a foreclosing lender sue me for difference b/w the foreclosure sale price and the amount I owed on the mortgage?

Simple answer is, "YES." See subsection (b) of the Maryland Rule below: 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...

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Can the HOA foreclose on my property for non payments of fees?

I think that you need to obtain guidance from a lawyer who is licensed in North Carolina since that is where the property is located. As a Maryland lawyer, I am not qualified to give opinions on matters over which North Carolina law controls.

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My mortgage company is summoning the court because my deed of trust was not recorded and they want it to be recorded.

This CANNOT be answered by anyone based on what you have presented. Please take it upon yourself to get an attorney to help you. That help can be provided only by reviewing the documents you have, what has been recorded in the Land Records, and the summons and the associated case file with the Court. I'd suggest someone other than the settlement agent who conducted the settlement as there may be a conflict of what's best for you versus the settlement agent. Here's the link to check the...

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Maryland Foreclosure Auction

The simple answer is that you do not have to move out the day after the auction. The more elaborate answer is that there are post-sale procedures that must be accomplished before the Court ratifies the sale. After the sale is ratified by the Court, if the lender is the purchaser there is one period before it can seek possession of the property via court order and a longer period for a third-party purchase. You should consult an attorney with foreclosure experience prior to the actual sale...

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Foreclosure Rescue Scam/PHIFA Act

Whether or not under PHIFA your Deed of Recission if effective has nothing to do with whether you still are working with the lawyer who had it recorded for you. Make sure that your new lawyer is familiar with the two recent decisions of the MD Court of Special Appeals on PHIFA, one reported, Harriette Julian v. Joseph Buonassisi; and the other not reported, New Towne Properties, LLC v Boyd.

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Is there a law saying that they can't foreclosure your house if your in a process for loan modification?

I assume from your posting that the house is located in the State of Maryland since it is in the "Foreclosure-Gaithersburg, MD" listings. MD's new law that applies to residential foreclosures, takes effect on 7/1/2010, and may offer some restrictions on the timing of foreclosures. Not knowing what type of "letters" you have received to date and where in the foreclosure process your loan is, it is difficult to say whether this law will be applicable. If the trustees have file their Order to...

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Lien and foreclosure question in Baltimore county, MD

You need to have an attorney review the on-line docket and/or case file to determine what the clerk's notations mean. More important, you need to be concerned about the statute of limitations concerning the time period during which you may attempt to collect your judgment and what steps you need to take to protect and/or extend that time period.

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Lender foreclosed, "bought" property at foreclosure sale, later re-sold property to third party.

The simple answer to your question is that any profit made by the lender on the subsequent third-party sale does not reduce your deficiency. The obverse also holds true, had the lender sold the property for a loss, it would not add to your deficiency. I am not certain what defencses my peers are referring to. Assuming that you did not file exceptions prior to the Court's ratification of the sale, for there to be any defense you would need to prove that there was fraud. Typically, prior...

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Is it possible to file suit against a lender or appeal after the home has been gone to a foreclosure sale?

You need to get a complete copy of the documents contained in the foreclosure file that can be found n the Civil Clerk's office in the County where the property is located. This needs to be reviewed ASAP by a MD attorney with foreclosure expertise in order to address your questions.

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