Legal Question in Real Estate Law in Maryland

Once a "bond has been filed and approved" and an "Affidavit - Notice to Occupants" has been mailed, how long until the people living in the house must vacate?

Asked on 12/17/19, 10:29 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Without context, it is a bit difficult to answer. Presumably you are talking about a notice to occupants in a foreclosure case. At the outset, you'd want to check the status of the foreclosure case itself -- is this a notice received around the time of the initial case filing or has the property already been sold at auction? Very generally speaking, the occupants cannot usually be forced out by the person foreclosing (or the purchaser at the foreclosure auction) until after the property has been sold and the sale ratified by the court. Foreclosure auctions will be advertised in a newspaper before the auction sale date.

The rights of occupants themselves will vary, however, depending on their role. For instance, bona fide tenants paying rent to a landlord who goes through foreclosure may have different rights than the family of the owner going through foreclosure.

You are highly encouraged to seek legal counsel if you are facing a foreclosure. Maryland also offers a free foreclosure "hope" hotline at 877-462-7555 that might answer some common questions about foreclosure in this state. Additionally, read any court documents thoroughly as they usually describe time frames to take action. While not legal advice, I hope this very general information helps.

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Answered on 12/17/19, 11:05 am

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