United States:
Maryland Court Of Special Appeals Holds That Foreclosure Actions Are Not Subject To A Statute Of Limitations
23 December 2020
Troutman Pepper Hamilton Sanders
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Troutman Pepper represented the defendant/appellee in Wanda
Daughtry, et al v. Jeffrey Nadel, a case in which the
appellants argued that a foreclosure action filed six years after
the borrowers defaulted was time-barred. The case concerned whether
Maryland's default three-year statute of limitations for
"actions at law" applied to a foreclosure action. The
Court of Special Appeals for Maryland rejected the appellants'
contention and held that foreclosure actions are not subject to a
statute of limitations. Specifically, the court held that in
Maryland, foreclosures are equitable proceedings, distinct from
actions at law and are not, nor have they ever been, subject to a
statute of limitations.
A copy of the court's December 16 opinion can be found here.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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