Legal Question in Real Estate Law in Maryland

Hi and thanks for your post.

A "mortgage" in Maryland usually is made up of two separate documents: a Promissory Note and a Deed of Trust. The Note is simply the "IOU" promising to repay. It is not recorded and does not in and of itself give any rights to the property. A Deed of Trust, recorded in Land Records, is what gives a security interest in the land and the corresponding rights to foreclose on the property if the borrower defaults.

You may wish to have an attorney review your Deed of Trust, assuming one was recorded, to see what constitutes default. Maryland has greatly increased the rules a lender must follow before foreclosing and foreclosure may be a lengthy and expensive process.

Also note that if the property has gone into tax sale the rights of both the record owner and any mortgage holder may be wiped out in a tax sale case.

Please understand that this post only offers general legal information and not any legal advice tailored to your situation. The facts of your particular situation may affect how the law applies to you.