Rule 14-207.1 - Court Screening(a) Generally. The court may adopt procedures to screen pleadings and papers filed in an action to foreclose a lien. If the court determines that the pleadings or papers filed do not comply with all statutory and Rule requirements, it may give notice to the plaintiff and each borrower, record owner, party, and attorney of record that the action will be dismissed without prejudice or that some other appropriate order will be entered by reason of the non-compliance if the plaintiff does not demonstrate within 30 days that the papers are legally sufficient or that the deficiency has been cured. Committee note: This Rule prevails over the provision in Rule 1-321(a) or any other Rule that purports, where a party is represented by an attorney, to permit service on only the attorney. This Rule requires service on both.
(b) Review of Affidavits.(1) In this section, "affidavit includes any attestation or certification by an attorney, borrower, record owner, party, or agent of the attorney, borrower, record owner, or party concerning the truth or accuracy of a pleading or paper. Cross reference: See Rule 1-202(b) for a general definition of "affidavit.
(2) If the court has reason to believe that an affidavit filed in the action may be invalid because the affiant has not read or personally signed the affidavit, because the affiant does not have a sufficient basis to attest to the accuracy of the facts stated in the affidavit, or, if applicable, because the affiant did not appear before the notary as stated, the court may order the party to show cause why the affidavit should not be stricken, and, if it is stricken, why the action should not be dismissed or other relief granted.(3) As part of the show cause order, the court may order that the affiant and any notary appear before the court at a time stated in the order for the affiant to attest under penalty of perjury that the affiant read and personally signed the affidavit and had a sufficient basis to attest to the accuracy of the facts stated in the affidavit, and, if applicable, for the affiant and the notary to attest that the affiant appeared before the notary and made the oath stated.(4) A copy of the order shall be sent to the plaintiff and to each borrower, record owner, party, and attorney of record, together with a notice that they may appear and examine the affiant and notary. The court may further require that the plaintiff serve the order and any response thereto on each borrower, record owner, party, and attorney of record. Cross reference: See Rule 1-341.
(c) Special Magistrates or Examiners.The court may designate one or more qualified Maryland lawyers to serve as a part-time special magistrate or examiner to screen pleadings and papers under section (a) of this Rule, conduct proceedings under section (b) of this Rule, and make appropriate recommendations to the court. Subject to section (d) of this Rule, the costs and expenses of the special magistrate or examiner may be assessed against one or more of the parties pursuant to Code, Courts Article, § 2-102(c), Rule 16-807(b), or Rule 16-808(b). The special magistrate or examiner may serve on a pro bono basis if the special magistrate or examiner consents.
(d) Assessment of Costs, Expenses, and Attorney's Fees. The costs, expenses, and attorney's fees of any proceeding under this Rule, including any costs or expense of a special magistrate or examiner under section (c) of this Rule, shall not be assessed against the borrower or record owner either directly or as an expense of sale, unless the affidavit in question was filed by or on behalf of the borrower or record owner.Md. R. Prop. Sales 14-207.1
Adopted and eff. 10/20/2010. Amended Sept. 17, 2015, eff. 1/1/2016; amended June 29, 2020, eff. 8/1/2020; amended March 1, 2024, eff. 7/1/2024.HISTORICAL NOTES
2015 Orders
The September 17, 2015, order, changed the term "master to "magistrate.
Committee note: The exercise of the authority granted in this Rule is discretionary with the court. Nothing in this Rule precludes the court from using its own personnel for these purposes.