Rule 14-208.1 - Challenge of Certificate of Vacancy or Certificate of Property Unfit for Human Habitation(a)Right to Challenge.If the record owner or occupant has been served with an order to docket or complaint to foreclose that does not comply with the requirements of Code, Real Property Article, § 7-105.1, and a certificate of vacancy or certificate of property unfit for human habitation issued to a secured party pursuant to Code, Real Property Article, § 7-105.13 is relied upon by the secured party to excuse compliance with those requirements, the record owner or occupant of a property may challenge the certificate in accordance with this Rule.
(b) Where Filed. A challenge shall be initiated by filing a motion in the foreclosure action filed in the circuit court pursuant to Rule 14-203.(c) Contents of Motion to Challenge. A motion to challenge shall (1) be in writing, (2) identify the property, (3) identify the record owner, if the motion is filed by the occupant, and (4) state the facts upon which the motion is based.(d) Service. The movant shall serve a copy of the motion on the secured party pursuant to Rule 1-321.(e) Stay of Action. Upon the filing and service of a motion to challenge that meets the requirements of this Rule, all proceedings in the action shall be automatically stayed until further order of court.(f) Response. Within 15 days after being served with a motion to challenge, the secured party may file a written response to the motion. The secured party shall serve a copy of the response and any supporting documents on the movant by first-class mail and shall file proof of such service with the response.(g) Timely Response Filed. If a timely response is filed, the court shall promptly rule on the motion to challenge.(h) Dismissal of Action. If a timely response is not filed, or if the court sustains the challenge, the action shall be dismissed without prejudice to refile in compliance with Code, Real Property Article, § 7-105.1.(i) Rejection of Challenge. If the court rejects the challenge, the stay shall be lifted, and the case shall proceed on the order to docket or complaint to foreclose.Md. R. Prop. Sales 14-208.1
Adopted March 11, 2013, eff. 5/1/2013; amended June 29, 2020, eff. 8/1/2020.HISTORICAL NOTES
2013 Orders
The May 1, 2013, order, added new Rule 14-208.1.