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Greenspoon Marder Financial Services Client Alert: Maryland Alternative Foreclosure Option – Petition for Immediate Foreclosure

October 12, 2020

While the Maryland Circuit Courts have lifted their stay on handling foreclosure actions, the Governor’s Executive Order Number 20-04-03-01 ordering the Commissioner to close the Notice of Intent to Foreclose Electronic System to new filings, remains effective. Therefore, they are not accepting any new NOI submissions at this time, and there is currently no anticipated expiration.

While this prevents foreclosures from being initiated, unless a NOI was sent and registered prior to the Governor’s Executive Order, there is a method of foreclosure detailed within the Maryland Code allowing for a petition to be filed with the Court to request proceeding without the NOI. This “Petition for Immediate Foreclosure” is described in Maryland Rule § 14-206.

This Petition be pursued when the property is deemed vacant. The requirements for determining if a property is vacant under this statute are relatively stringent but easily surmountable.

In the general course of business, this is not a suggested method of proceeding as Judges across Maryland have used their discretion to deny the Petitions, even if they comport to the statutes, and at the very least have been delayed in ruling on the Petition and allowing foreclosure cases to go forward.

In this current Pandemic situation, where complying with the Notice of Intent to Foreclose requirement has been made impracticable – the delays associated with this procedure are effectively a moot issue. However, it is a possibility that these Petitions are denied out of hand for violating the intent of the Executive Order (or for reasons that Judges previously denied these Petitions).

Please reach out to Greenspoon Marder LLP if you have any questions. And, as always, our Management Team is available 24/7 for our clients.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 215 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

Cynthia Howard Chief Marketing Officer (720) 370-1182
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