Can a lender in Maryland fast-track foreclosure on a vacant and abandoned house?
Yes. A lender can ask the circuit court for permission to start foreclosing right away because the house is vacant and abandoned. To count as vacant and abandoned, the loan must be in default for at least 120 days and the court must find at least three signs of abandonment.
The signs the law lists include shut-off gas, electric, sewer or water service, boarded-up or broken windows, and doors that are smashed, broken or never locked. Other signs on the list include piled-up junk or trash, missing furniture and curtains, and vandalism or loitering. So does a county or town condemning the property, or any other reasonable sign of abandonment.
The fast track is off if the borrower files a defense, or a written statement that the house is not vacant and abandoned. Once served, the owner or anyone living there has 20 days to challenge the finding that the house is vacant and abandoned.
A lender on a loan in default can ask the county or town for a certificate of vacancy, or a certificate that the house is unfit to live in. That certificate is good for 60 days after it is issued.
When the vacant Maryland house is yours and payments have lapsed, this Maryland foreclosure walk-through covers what the owner faces.
Who keeps track of foreclosed and vacant houses in Maryland?
The state's Commissioner of Financial Regulation. A notice goes to that office within 7 days after a foreclosure case is filed on a home, and the buyer at the foreclosure sale must register the house within 30 days after the sale.
- That notice says, if known, whether the house is vacant and who is authorized to manage and maintain it before the sale.
- The registration says, as far as the buyer knows, whether the house is vacant and who is responsible for maintaining it.
The state or the local government may share a specific property's registry information with someone who owns property on the same block, or with its homeowners or condo association.
If a county or town abates a nuisance or maintains a registered foreclosed home, it can add the cost to that property's tax bill.
Only the state may pass a law requiring homes in foreclosure to be registered with a government office. The Office of Financial Regulation says the registry is meant partly to help local governments with code enforcement, nuisance abatement and property maintenance.
What can Baltimore, Maryland do about a vacant house that's falling apart?
Baltimore's building code declares every vacant structure a fire hazard and a nuisance in itself, and requires it to be safeguarded and maintained. If the owner can't be found or ignores an order, Baltimore's Building Official can ask for a receiver or have the work done by city staff or contractors.
Until it is fixed up, a vacant Baltimore building must stay boarded, posted against trespassing, and free of occupants, trash, high grass and weeds.
The Building Official can order a structure torn down right away if it is so unsound or deteriorated that fixing it isn't feasible. Baltimore's Department of Housing and Community Development condemns vacant and abandoned properties and oversees demolition of unsafe ones.
In Baltimore City, a community association can ask the circuit court to order a nuisance abated.
Can a Maryland court put a receiver in charge of a vacant building?
In Baltimore, yes. The Building Official can ask a court to appoint a receiver to fix up a vacant property, tear it down, or sell it to a qualified buyer.
This applies to a vacant structure with an open notice or order to rehabilitate or demolish it.
Instead of a receiver, the court may let the owner or lender do the work if they show they can finish it, agree to a schedule and post a bond.
Before a receiver's sale, anyone who wants to buy must show the ability and experience to fix the property up within a reasonable time.
Can a Maryland house be sold at a tax sale for unpaid property taxes?
A tax collector can sell the property at a tax sale, but the owner, or anyone else with an interest in it, can still redeem it until the right of redemption is foreclosed. Generally, the holder of a tax sale certificate can go to court to foreclose the right of redemption any time after 6 months from the sale.
For an owner-occupied home, the wait is generally 9 months instead.
Baltimore City may, by its own law, use an in rem foreclosure on vacant or nuisance property with overdue taxes. The city can't file until the taxes have been overdue for at least 6 months and the time to appeal the vacant or nuisance notice has run out.
Anyone with an interest in the property can cure the debt by paying all the past-due taxes before the court enters the foreclosure judgment. If the property has value, the city must either sell it at public auction or compensate the people with an interest in it.
How do you report a vacant house in Baltimore, Maryland?
In Baltimore, the city asks people to call 311 if a property needs to be cleaned or boarded, or needs other help.
Baltimore's building code lets the Building Official post a sign telling the public that a structure is vacant and giving more about its status. Baltimore's housing department posts owner contact information on its website, and points to its CoDeMap tool for properties whose owners haven't registered.
You can also tell me where it is. I'll find out who owns it and reach out about buying it and fixing it up.