HARRY HUGHES, Governor 3041
ratification, failure of the mortgagor to receive the notice
shall not invalidate a sale.
(c) (1) The holder of a superior recorded mortgage or deed
of trust shall give written notice of any proposed foreclosure
sale to the holder of any subordinate recorded mortgage, DEED OF
TRUST, or other subordinate recorded OR FILED interest,
INCLUDING A JUDGMENT, IN ACCORDANCE WITH THE REQUIREMENTS OF THE
MARYLAND RULES OF PROCEDURE APPLICABLE TO THE GIVING OF NOTICE TO
THE MORTGAGOR OR GRANTOR OF THE MORTGAGE OR DEED OF TRUST BEING
FORECLOSED, if the [subordinate] holder OF THE SUBORDINATE
INTEREST has recorded in the land records office of each county
where the property is located a [timely] request for notice of
sale AT LEAST 30 DAYS prior to the date [of first publication] of
a foreclosure sale which is actually held. A request for notice
of sale shall:
(i) Be recorded in a separate docket or book
which shall be indexed under the name of the holder of the
superior mortgage or deed of trust and under the book and page
numbers where the superior mortgage or deed of trust is recorded;
(ii) Identify the property in which the
subordinate interest is held;
(iii) State the name and address of the holder
of the subordinate interest; and
(iv) Identify the superior mortgage or deed of
trust by stating:
1. The names of the original parties to
the superior mortgage or deed of trust;
2. The date the superior mortgage or deed
of trust was recorded; and
3. The office, docket or book, and page
where the superior mortgage or deed of trust is recorded.
(2) [The holder of any prior mortgage or deed of
trust shall notify the holder of the subordinate interest in
writing of any proposed foreclosure sale in accordance with the
requirements of the Maryland Rules of Procedure applicable to the
giving of notice to the mortgagor or grantor of the mortgage or
deed of trust being foreclosed.
(3)] Failure to comply with the notice requirements
provided in this subsection does not affect the validity of the
sale under the mortgage or deed of trust and a bona fide
purchaser for value at the sale is under no duty to ascertain
whether the notice was validly given.
|