Legal Question in Real Estate Law in Maryland
forclosure
can a bank start forclosure on a piece of commercial real estate after 120 days late without notifing the parties who are guaranteeing the loan?
Asked on 3/14/07, 2:38 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: forclosure
The foreclosure notice must be given to the record owner of the property if his/her address is reasonably ascertainable. The bank might choose to notify guarantors of the note in the hope that they would come forward and pay the delinquent amount in order to avoid foreclosure, but they aren't required to do so. If you are a guarantor who has learned about the proceeding, you can be proactive and contact the lender to try and work out a payment plan if you want to protect the property and/or your credit.
Answered on 3/14/07, 3:32 pm