Legal Question in Real Estate Law in Maryland

My sister in law is unaware that her house may be in foreclosure. Her husband is not telling her. I know they have a property in foreclosure because I can see it on MD case search. I am trying to figure out two things. First, they own property in more than one county. If they live in Cecil County but own a foreclosed property in AA County, will the case be filed where they live (Cecil) or where the property is located (AA County)? This would tell me if the house they live in is foreclosed or if the property they own is foreclosed. And they also, if the process to foreclose started in mid June, and they received notice at the end of November that these two documents were filed:

Affidavit: Notice to Occupants Mailed -- Affidavit of Compliance with MD Code, Real Property Article 7-105.11(c)(1)

Bond Filed and Approved -- Substitute Trustees Foreclosure Bond Pursuant to MD Rule 14-213

How long do they have in this house? They have 2 young children and I would like to give her warning if she is not told at some point.

Thank you.

Asked on 12/17/19, 11:29 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

A foreclosure action must be filed in the county where the property is located.

As noted in response to an earlier question today on this topic, a foreclosure sale (with date and time of sale) must be advertised in the paper before it occurs. The owners must also receive notice of the foreclosure case in advance. Foreclosures are a matter of public record and anyone can view the case search or go down to the courthouse to look at the filings. The law specifies various means of notification to the owners/occupants, including mailings, posting on the property and newspaper publications so that an auction date should not come as a surprise.

As with any pending litigation, if a party to a case has specific questions about timing or other details of a case, it may be helpful to sit down with an attorney to review the relevant case facts / documents.

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Answered on 12/17/19, 11:51 am

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