Maryland court limits chain of title challenges post-foreclosure
A new opinion from the Maryland Court of Appeals limits the amount of time homeowners have to challenge chain of title defects when dealing with a foreclosure.
The ruling essentially prohibits homeowners from raising title defect issues in court after a foreclosure sale is already complete.
The case in question — Thomas v. Nadel — essentially says chain of title defects cannot be classified as “frauds on the system;” therefore, the homeowner in question is barred from raising concerns about gaps in ownership on the underlying promissory note when a foreclosure sale is already complete.
Rest here…
Copy of the ruling here…
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This is where they lost.
“A hearing was held on the exceptions before the Circuit Court……. At the hearing, the Trustees stated that the note had been indorsed in blank by an employee of Option One shortly before that entity went out of business, produced the original note and allonge, and proffered that the note had been subsequently indorsed to Biltmore, as permitted by the Uniform Commercial Code.[14] See CL § 3-205(c).”
They didn’t object to unsworn unsubstantiated statements of fact.
the law should read and instrument a statute of no limitations to recover homes taken fraudulently by a bank that has committed this crime upon society. robert wade
Fed Court? Do the big banks delibertly try and get their home owner cases into Fed Court? Why would that be 🙂 🙂 :)……………………………Drrrrrrr