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

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.

A: Generally foreclosed real estate does not escheat to the state. Instead, it belongs to whomever purchased at the foreclosure sale.

For mortgage foreclosures, if no one else bid at the foreclosure auction (for a mortgage foreclosure) the Lender will win the auction. The law requires that a "report of sale" be filed with the court after the foreclosure sale. Thereafter, a deed should be filed signing over the property to the new owner (whether the Lender or a third party purchaser).

For tax sale foreclosures, most counties hold an annual tax sale for properties with unpaid tax bills. For example, a county may hold in May or June an auction for real property with outstanding tax bills unpaid for the prior tax year. Members of the public bid at tax sale foreclosure auctions and the highest bidder "wins" the tax sale certificate. If no one bids, the county will hold the certificate. For most properties, the certificate holder must wait 6 months after the tax sale, then they can file to foreclose the right of redemption and fully own the property.

Maryland has a system for reporting unclaimed / abandoned personal property, but it does not include real property.