Servicer filed a false vacant home affidavit even though we still in our home in violation of Md 14-209 , and they posted order to docket on my door. Furthermore, servicer violated Real property code 7-105.1 . What are the consequences for such violations when they've led to an illegal foreclosure attempt?
If, as you said, a false vacant home affidavit was filed, it does not preclude a foreclosure, but it might allow you more time before you lose ownership of the house. Unless you retain an experienced MD mortgage foreclosure defense attorney, you have no chance of winning your case. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced MD mortgage foreclosure defense attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
It depends - typical lawyer answer. What are your damages? What county? What Judge? What stage is the case in? Was the house sold? Is the case in its infancy stage, etc.? Who is the servicer and who are the substitute trustees.
You need a full consult with a Maryland foreclosure attorney who will review your docs and take a history.
The real issue is: What are the other mistakes made by the servicer and/or the substitute trustee?
By answering this question I am not becoming your attorney, nor am I tendering legal advice. Foreclosure cases are complex and require a full review of the facts before any attorney can answer legal questions specific to the case.
RPC 7-105.1 is a lengthy statute. You need a consult with an attorney.
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