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Is there a statute of limitation in the state of Maryland with regards to foreclosure?

Upper Marlboro, MD |
Filed under: Foreclosure

I was wondering if a person stopped paying on their mortgage for whatever reason, and the lender didn't file action against the borrower for a length of time, is there a statute of limitation in place that sets a time limit in which the lender can start foreclosure proceedings on the borrower?

Attorney Answers 2

  1. There is a statute that creates a presumption favoring the borrower if a payment has not been made or demanded on a recorded instrument for a number of years ( I believe it is 12) that the lien should be released.

  2. Every mortgage and deed of trust note I have ever seen is drafted as a document under "seal", and is further recorded against the property in the land records as a lien. Claims of such debts are known as "specialties" and have a 12 year statute of limitations commencing from the date of the breach in payment terms.