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Session Laws, 1980
Volume 739, Page 1960   View pdf image
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1960

LAWS OF MARYLAND

Ch. 538

[(b)] (C) The interest provided in a mortgage or deed
of trust is payable for a period of 60 days following the
date of sale or until the audit of the sale is ratified,
whichever occurs first. This subsection applies only in
Calvert, Cecil, Frederick, Kent, Queen Anne's, Talbot,
Caroline, Worcester, and Charles counties.

[(c)] (D) No title to property acquired at sale of
property subject to a mortgage or deed of trust is invalid
by reason of the fact that the property was purchased by the
secured party, his assignee, or representative, or for his
account.

[(d)] (E) (1) Any purchaser at a foreclosure sale of
a mortgage or deed of trust has the same rights and remedies
against the tenants of the mortgagor or grantor as the
mortgagor or grantor had, and the tenants have the same
rights and remedies against the purchaser as they would have
had against the mortgagor or grantor on the date the
mortgage or deed of trust was recorded.

(2) If the mortgage or deed of trust so
authorizes and the required advertisement of sale so
discloses, a foreclosure sale shall be made subject to one
or more of the tenancies entered into subsequent to the
recording of the mortgage or deed of trust. Any lease so
continuing is unaffected by the sale, except the purchaser
shall become the landlord, as of the date of the sale, on
ratification of the sale.

[(e)] (F) (1) Except as provided in this subsection,
unless the mortgage or deed of trust provides otherwise, if
any property is encumbered by a mortgage or deed of trust,
annual crops planted or cultivated by any debtor or those
claiming under him do not pass with the property at any sale
under or by virtue of the mortgage or deed of trust, but the
crops remain the property of the debtor or those claiming
under him.

(2)  Notwithstanding the provisions of paragraph
(1) of this subsection, after the sale, the debtor or those
claiming under him and the purchaser or those claiming under
him may agree on a reasonable rental of the part of the
property occupied by the crops. This rental is a lien on the
crops and continues until paid in favor of the purchaser or
those claiming under him, and neither the crops nor any part
of them may be removed until after payment. If the parties
are unable to agree on the rental, any party in interest may
apply to the court having jurisdiction over the sale or the
confirmation of it for the appointment of disinterested
appraisers to determine the rental, whose award shall be
final.

(3)  In addition to any other remedy, the
purchaser or those claiming under him, on ascertainment of
the rent, may distrain for the rent or any part of it

 

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Session Laws, 1980
Volume 739, Page 1960   View pdf image
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