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Supplement to the Code of Public General Laws of Maryland, 1898
Volume 391, Page 447   View pdf image (33K)
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ART. 66] DECREE IN PERSONAM FOR DEFICIENCY. 44Y

power of sale contained in a mortgage authorizing the mortgagee,
his executors, administrators or assigns or any person to be
named by him or them, or authorizing the mortgagee, his suc-
cessors or assigns or any person to be named by him or them, or
when the mortgage contains terms or expressions of like character
or similar import, authorizing a sale, and made by a person other
than the mortgagee, his successors or assigns, or his or their
executors or administrators and by a person subsequently to
default nominated and appointed by the mortgagee or his suc-
cessor or his assigns, or his executors or administrators or their
assigns, by power of attorney as the person to make said sale by
virtue of the authority supposed to be contained in said mortgage,
and by virtue of authority supposed to be con f erred by section five
of article sixty-four of the Code of Public General Laws of
eighteen hundred and sixty, now embodied in section six of
article sixty-six, title " Mortgages, " to which this is an additional
section, and which said sale has been duly reported to the court
having jurisdiction in such cases and by said court after order
nisi, and due publication thereof or other proper legal proceed-
ing finally ratified and confirmed is hereby made valid and
effectual to all intents and purposes as fully as if the person so
making said sale had been named in said mortgage as the person
to make said sale or to execute said power of sale, and this sec-
tion shall apply to all cases whether the person making said sale
was named by a mortgagee being a natural person or by a mort-
gagee being a body corporate.
Madigan v. Workingmen's P. B. and L. Asso., 73 Md. 821.

1892, ch. 111.

24. If upon the sale of the whole mortgaged property by
virtue of a power of sale contained in the mortgage under the
provisions of this article, the net proceeds thereof, after the
costs and expenses allowed by the court are satisfied, shall not
suffice to pay the mortgage debt and accrued interest, as the
same shall be found and determined by the judgment of the
court upon the report of the auditor thereof, the court may
upon the motion of the plaintiff, the mortgagee or his legal or
equitable assignee, after due notice by summons or otherwise, as
the court may direct, enter a decree in, personam against the
mortgagor or other party to the suit or proceeding, who is liable

 

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Supplement to the Code of Public General Laws of Maryland, 1898
Volume 391, Page 447   View pdf image (33K)
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