Questions On The Foreclosure Crisis Essay

708 Words Aug 20th, 2015 3 Pages
The means by which a litigant may challenge a foreclosure become increasingly limited after a sale has occurred. Indeed, “[a]fter [a foreclosure] sale, the borrower is ordinarily limited to raising procedural irregularities in the conduct of the sale.” Thomas v. Nadel, 427 Md. 441, 442-43 (2012) (holding that a trial court may sustain “exceptions to the foreclosure sale on the ground that the deed of trust securing the consolidation loan was invalid.”). Procedural irregularities that may be raised via post-sale exceptions are generally limited to issues “such as the advertisement of sale was insufficient or misdescribed the property, the creditor committed a fraud by preventing someone from bidding or by chilling the bidding, challenging the price as unconscionable, etc.” Greenbriar Condo. v. Brooks, 387 Md. 683, 741 (2005). There may, however, be a narrow exception to the general rule that limits arguments to issues arising from the actual sale of the property in instances where the establishment of the debt-creating instrument is said to be attributable to extrinsic fraud. Bierman v. Hunter, 190 Md. App. 250, 268 (2010) (“As an equity court, the trial court had full power to hear and determine all objections to the foreclosure sale, ‘which would naturally include an attack on the validity of the mortgage.’” (quoting Wilson Bros. v. Cooey, 251 Md. 350, 360 (1968))), abrogated by Bates v. Cohn, 417 Md. 309, 327-28 (2010) (“Rule 14-305 is not an open portal through…

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