Baltimore, MD asked in Real Estate Law for Maryland

Q: I would like to know more about the eschete laws in maryland as it pertains to foreclosed real property

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Maryland

A: Escheat has almost nothing to do with foreclosure. In almost all contexts, escheat refers to the power of the state to take private property (and the very severe limitations thereon). Foreclosure refers to a private mechanism for selling property secured most often by a deed of trust or mortgage loan but sometimes in a judicial or non-judicial sale and, before doing so, foreclosing the common law right of redemption by the property owner. The best way to understand how these concepts apply to your facts is to sit down with a lawyer for an hour and describe the facts. The second worse way to understand these concepts is to ignore them and let whatever is happening continue to happen until after your rights are foreclosed or your land is escheated without proper compensation. The very worst way to understand these concepts is to explain your facts in an open forum on the Internet and ask lawyers who don't hear or see all the facts to apply them to your case.

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