Foreclosure of Residential Residential Or Commercial Property
Foreclosure of Residential Residential Or Commercial Property
Topics on this page:
Effect of Foreclosure Sale on Purchaser and Tenant
Notice Required to Terminate Tenancy
Notice of Foreclosure Action
Notice of Impending Foreclosure Sale
Prohibition of Nonjudicial Eviction
Notice of Eviction
Summary of Required Notices
Collection of Rent
Maryland law provides protections for renters when the residential or commercial property is foreclosed. This article describes the rights of purchasers and renters.
Effect of Foreclosure Sale on Purchaser and Tenant
The buyer at a mortgage foreclosure sale has the exact same rights and solutions against the occupants of the mortgagor (the renters' initial landlord) as the mortgagor had, and the renters have the very same rights and remedies against the purchaser as they had versus their original proprietor on the day the mortgage was tape-recorded. So, where the lease predates the mortgage, a foreclosure sale will not end the lease. Where the tenancy began after the mortgage was tape-recorded, the tenants still have specific rights relating to notification of the foreclosure action, the foreclosure sale and any notice of eviction. Read the Law: Md. Code, Real Residential Or Commercial Property § 7-105.8
Notice Required to Terminate Tenancy
Bone fide occupants of domestic property are entitled to a minimum of 90 days notification before termination of the occupancy. A lease or occupancy is considered "bona fide" only if the renter is not the child, spouse or moms and dad of the original property manager, the lease deal was made at arm's length (i.e., the lessor and lessee act independently), and the rent is not substantially less than reasonable market lease for the residential or commercial property (unless the system's lease is decreased or funded due to a federal, State, or local subsidy). Read the Law: Md. Code, Real Residential Or Commercial Property § 7-105.8
If the foreclosed residential or commercial property has not been bought by an owner who will utilize the residential or commercial property as his main home (an "owner-occupier"), the new owner takes belongings of the residential or commercial property subject to any leases on the residential or commercial property and must enable the occupant to continue renting the residential or commercial property until the later of:
- completion of the lease term, or
90 days from the date that notification of termination of the occupancy is offered to the tenant.
If an owner-occupier purchases the residential or commercial property, he can terminate the tenancy before completion of the lease term, however should provide the renter with a 90 day notice of termination. For tenants who are no longer under a lease and leasing at-will or month-to-month, the brand-new residential or commercial property owner, whether an owner-occupier or not, need to give the occupant 90 days notification before the renter has to leave.
NOTE: If the foreclosure sale was promoted as being subject to 1 or more tenancies, those leases are unaffected by the sale, other than the purchaser ends up being the proprietor, as of the date of the sale.