Maryland Bankruptcy Blog » Foreclosure

Maryland Foreclosure “Moratorium” to Expire Soon

Brett Weiss, Esq. — Sat, 14 Jun 2008 13:13:25 +0000

When Governor O’Malley signed into law changes to Maryland’s foreclosure laws effective on April 4, 2008, new foreclosure filings stopped. Although the new law’s changes were, in most instances, more cosmetic than substance (see my article on the Mortgage Law Network, “Changes to Maryland Foreclosure Law: Steak or Sizzle?“) they contained provisions that resulted in an effective moratorium, or halt, in foreclosures.

This is primarily because of required new forms that have to be adopted by the State, and without which, the foreclosure cannot comply with the technical requirements of the new law. The forms should be issued in early July, and the floodgates will open. Three months worth of foreclosures will be filed at once, with auctions likely scheduled in early September.

Thousands of new cases are likely to be filed, so if you’ve fallen behind on your mortgage, now is the time to examine your options, before the rush hits.

Brett Weiss Quoted in the “Salisbury Daily Times” Discussing Foreclosures

Brett Weiss, Esq. — Thu, 01 May 2008 12:57:38 +0000

Brett Weiss was quoted in an article in the May 1, 2008 Salisbury Daily Times. The article, “Bankruptcy Reform May Have Exacerbated Foreclosure Crisis,” discussed the impact of the 2005 adoption of major pro-creditor changes to the Bankruptcy Code, called BAPCPA.

Mr. Weiss’ summary of BAPCPA may be found by clicking on this link.

Maryland Foreclosure Taskforce Issues Report

Brett Weiss, Esq. — Sat, 17 Nov 2007 21:23:24 +0000

While traditionally, Maryland has not been the most homeowner-friendly state in terms of its foreclosure procedures, things have gotten far worse with the deepening of the mortgage crisis. According to State officials, Maryland has jumped from No. 40 to No 15 in foreclosures nationally. A recent article in The Washington Post summarizes the recommendations of the Maryland Homeownership Preservation Task Force. (I haven’t been able to read the full report yet, and my comments below are based on the Post’s summary. If it proves that the summary is wrong or incomplete, I’ll revise this blog.)

It’s always nice to look as if you’re doing something in response to a problem. It’s even nicer to actually do something. Unfortunately, the task force’s recommendations sound a lot more like window dressing than actual improvements in the current foreclosure system in Maryland.

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