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500 MORTGAGES. [ART. LXVI
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ARTICLE LXVI.
MORTGAGES.*
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30. Assignments of, defectively sealed
or sworn to, cured; provisos.
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30A. Repealed.
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9.
Under this section and section 10, where a trustee or attorney offers
property at public sale in accordance with the mortgage and withdraws
it because he does not receive a satisfactory bid, he is authorized to sell
' the property at private sale subject to the ratification of the court, and
the court has jurisdiction to set aside or ratify the sale. The jurisdiction
of the court becomes complete on the filing of the report of sale; until
then the proceedings are cm parte. Object of this section. Beetem v.
Garrison, 129 Md. 671.
10.
See notes to section 9.
11.
After the execution and delivery of a mortgage it is beyond the power
of the mortgagor, by his own act, to impair or modify the estate conveyed;
a sale under the mortgage invests the purchaser with the entire title held
by the mortgagor at the time the mortgage was recorded. Sullens v.
Finney, 123 Md. 657.
25.
This section held inapplicable to a mortgage given in 1889. Cacy v.
Slay, 127 Md. 499.
1904, art. 21, sec. 87. 1888, art. 21, sec. 84. 1882, ch. 215, secs. 1-2. 1910, ch. 588
(p. 64). 1912, ch. 85. 1914, ch. 259. 1916, ch. 151. 1918, ch. 396.
30. Any assignment of any mortgage, which assignment has been
heretofore executed and recorded, but which has not been sealed and in
which no mention of any seal has been made or in which either of such
defects exist, or any mortgage or assignment of mortgage defectively
sworn to or not sworn to at all, shall be and they are hereby made valid
*The act of 1917, chapter 23, provides for the suspension or stay, during the
world war, of any judgment, order or decree, levy, right of entry or foreclosure,
lien, power of sale, forfeiture or default on application of persons against whom
or against whose property interests the same may be executed or enforced, and
who are unable, by reason of military or naval service, to pay or satisfy the
same.
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