Greenspoon Marder Financial Services Updates – State of Maryland

COVID-19 Updates Aug 13, 2020 Fort Lauderdale, FL

Court of Appeals of Maryland Issues Second Amended Administrative Order on Foreclosures & Evictions

On August 11, 2020 the Court of Appeals entered an administrative order amending the previous orders with regards to foreclosures and evictions. This amended order does not impose any further moratoriums or restrictions than what has already been enacted.

It notes that the Federal moratoriums and State moratoriums are applied to foreclosures in different ways (for example, no Maryland moratorium makes any distinction between federally-insured and non-federally insured loans) and the State Courts are ill-equipped to determine if a case is covered by Federal moratoriums. Because of this, the Court of Appeals has required that in any foreclosure or eviction case that is to proceed at the present a Declaration of Compliance with the CARES Act (for eviction or ejectment cases) or a Declaration of Exemption from Moratorium (for foreclosure cases) must be filed. This is to ensure that State Courts do not accidentally violate any Federal rules. The form for the Declaration of Compliance with the CARES Act is linked here; however no specific form for the Declaration of Exemption from Moratorium has been promulgated.

At the present time the Court of Appeals has not suggested a specific punitive or penalizing result from failure to complete this; though failure to do so timely upon direct request could result in dismissal of the foreclosure case at the presiding Judge’s discretion.

Please also be aware that Maryland continues to have a moratorium on sending the Notice of Intent to Foreclose; which is the most notable rule in the State as it effectively is a moratorium on initiating foreclosure in general. This recent amended order does not effect this moratorium in any way.

About Greenspoon Marder

Greenspoon Marder is a national full-service business law firm with over 200 attorneys and offices across the United States. We are ranked among American Lawyer’s Am Law 200, as one of the top law firms in the U.S. since 2015. Our firm was founded with the goal of providing the highest quality legal services at the highest value for our clients. Each of our clients is unique and so are their legal needs. We believe no one size fits all for professional services. Our lawyers offer flexible and creative solutions to meet our clients’ respective needs. Our mission is to understand the challenges our clients face, build collaborative relationships and craft solutions with a focus on strategic goals.

MEDIA CONTACT
Natalie Villanueva, Director of Marketing
954.333.4308 | natalie.villanueva@gmlaw.com

This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

Next Previous

News

Greenspoon Marder Financial Services Updates – State of Maryland

Share

Subscribe for
News & Events

News & Events

News & Events

News

Greenspoon Marder Financial Services Updates – State of Maryland

Share

Subscribe for News & Events

News & Events

News & Events

Subscribe for
News & Events