Md. R. Prop. Sales 14-502

As amended through April 5, 2024

Rule 14-502 - Foreclosure of Right of Redemption-Complaint

(a) Notices to Be Sent. The holder of a certificate of sale may not file a complaint to foreclose the right of redemption until at least two months after sending the first notice and at least 30 days after sending the second notice required by Code, Tax-Property Article, § 14-833(a-1) (1).

(b) Contents. In an action to foreclose the right of redemption in property sold at a tax sale, the complaint, in addition to complying with Rules 2-303 through 2-305, shall set forth:

(1) the fact of the issuance of the certificate of sale;

(2) a description of the property in substantially the same form as the description appearing on the certificate of tax sale;

(3) the fact that the property has not been redeemed by any party in interest; and

(4) a description of the amount necessary for redemption, including the amount paid out at the tax sale.

(c) Documents. The complaint shall be accompanied by:

(1) the original certificate of sale, or a photocopy of the certificate;

(2) a copy of a title report supported by an affidavit by the person making the search that a complete search of the records has been performed in accordance with generally accepted standards of title examination for the period of at least 40 years immediately before the filing of the complaint; and

(3) a notice setting forth (A) the substance of the complaint and the relief sought, (B) a description of the property in substantially the same form as the description appearing on the collector's tax records, (C) the time within which a defendant must file an answer to the complaint or redeem the property, and (D) a statement that failure to answer or redeem the property within the time allowed may result in a judgment foreclosing the right of redemption; and

(4) an affidavit (A) stating the date that the notices required by Code, Tax-Property Article, § 14-833(a-1)(1) were given, the name and address of the persons to whom the notices were given, and the manner of the delivery of the notice and (B) verifying that the amount that shall be paid to redeem the property complies with the requirements of Code, Tax Property Article, § 14-833(a-1)(3).

Cross reference: See Code, Tax--Property Article, § 14-833 for provisions governing limitations on the time for bringing an action to foreclose the right of redemption and Code, Tax--Property Article, § 14-841 for the limitation on the number of certificates that may be joined in one action. See also Code, Tax--Property Article, §§ 14-836 and 14-837 governing parties to the action. For purchaser's obligations once a complaint has been filed, see Scheve v. Shudder, Inc., 328 Md. 363 (1992). See Code, Real Property Article, § 7-113(c)(1) for an alternate method to take possession of residential real property when the person claiming a right to possession of the property by the terms of a foreclosure sale or court order does not have a court-ordered writ of possession executed by a sheriff or constable.

Md. R. Prop. Sales 14-502

This Rule is new but is consistent with Code, Tax--Property Article, §§ 14-835 and 14-838 and is derived in part from Code, Tax--Property Article, §§ 14-840 and 14-836.

Adopted June 5, 1996, eff. 1/1/1997. Amended March 11, 2013, eff. 5/1/2013; 11/21/2013, eff. 1/1/2014; 4/9/2018, eff. 7/1/2018.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order rewrote section (e), which previously read:

"(e) Form and Scope. An order granting an injunction shall (1) be in writing or on the record, (2) set forth the reasons for issuance; (3) be specific in terms; and (4) describe in reasonable detail, and not by reference to the complaint or other document, the act sought to be mandated or prohibited.

2013 Orders

The May 1, 2013, order, amended the Rule to to add a new section (a) pertaining to certain notices to be sent; to add a new subsection (c)(4) pertaining to the addition of a certain affidavit; and to make stylistic changes.

The November 21, 2013, order, added a cross reference to a certain statute to the end of the Rule and made stylistic changes.

2018 Orders

The April 9, 2018 order, amended Rule 14-502(b)(4) to track the language of Code, Tax-Property Article, Section 14-835(b)(7).

See Code, Tax--Property Article, § 14-833 for provisions governing limitations on the time for bringing an action to foreclose the right of redemption and Code, Tax--Property Article, § 14-841 for the limitation on the number of certificates that may be joined in one action. See also Code, Tax--Property Article, §§ 14-836 and 14-837 governing parties to the action. For purchaser's obligations once a complaint has been filed, see Scheve v. Shudder, Inc., 328 Md. 363 (1992). See Code, Real Property Article, § 7-113(c)(1) for an alternate method to take possession of residential real property when the person claiming a right to possession of the property by the terms of a foreclosure sale or court order does not have a court-ordered writ of possession executed by a sheriff or constable.