Legal Question in Real Estate Law in Maryland

legal process of notification to a corporation for foreclosure in MD

What is the legal resposibility of the lender to provide his trustee with any knowledge he has as to the current and correct address in which to correspond regarding the foreclosure of a house in Maryland? The borrower is listed as a corporation, and the address showing at DAT was still the old address showing. However the corporate attorney notified the lender via his attorney of the address to use for any notices. They purposly used an old address, and did not visit the property so that the borrower would not know of the transaction until the appeal process period was over. The amount of the deed / outstanding loan the trustee provided to the court for the foreclosure is also incorrect.


Asked on 9/29/08, 1:48 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: legal process of notification to a corporation for foreclosure in MD

Certainly the lender had a duty to properly notify the owner of the property of its intent to foreclose, and would have to show proof that the owner had been timely notified. Typically they would use whatever address was current in the lender's records. A number of notices would have been sent to the address of record before foreclosure. You should check the court records to see how they claim to have provided proper notice. If the property is still owned by the lender after foreclosure, you may be able to challenge the transaction.

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Answered on 9/29/08, 5:12 pm


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