Exceptions To Sale MD
Exceptions To Sale MD
COMES NOW, Frederick L. Savage, Defendant by and through Pro Se, and objects to
the foreclosure sale conducted by Carrie M. Ward et. al., (“Substitute Trustees”), and to Report
of Sale therein, and asks this court to reconsider its order to ratify said sale on the following
grounds:
Real Property §7-105.1, when they prematurely sold Defendants home after a request for
foreclosure mediation was made on 07-26-2017 but mediation was not yet held. This action
denied Defendants due process of law by extinguishing his property rights before the foreclosure
II. Substitute Trustees advertised and executed the sale of Defendants home while
foreclosure mediation was still pending, in violation of Maryland Rules §14-209.1(b) and
§14-305(d)(2).
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PROCEDURAL HISTORY
1. On or about 07-26-2017 Defendant was served with a final loss mitigation affidavit by
Plaintiff’s.
3. To this day Defendant has not been nofified of a mediation date or heard whether or not the
4. On or about October 10, 2017 Defendant, not represented by counsel filed an Emergency
5. On or about October 11, 2017 while the foreclosure mediation date was still pending,
6. On or about October 13, 2017 Defendants Emergency Motion to Stay Sale was denied.
7. On October 23, 2017 Substitute Trustees filed a Report of Sale with the Prince Georges
ARGUMENT
Real Prop., 7-105.1, When They Prematurely Sold Defendants Home While A Request For
The Maryland Legislature passed the foreclosure mediation statute to address the rapidly
increasing amount of foreclosures and mortgage fraud cases in the state, the consequences of
which include increased homelessness and decreased property values. Maryland’s foreclosure
mediation statute lays out a clear procedure for owner-occupied foreclosure cases.
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1. First, lenders, usually through their Substitute Trustees, must correctly file a
complete Final Loss Mitigation Affidavit, which must include a form and instructions to Request
2. To avail themselves the right to mediation, the homeowner must submit their
request for a mediation session to the Circuit Court. If the Court grants the Request for
Mediation, the case is referred to OAH which notifies both parties of the time and place where
3. Once mediation is requested, a foreclosure sale may not take place before 15 days
foreclosure sale before the mediation process is complete. By selling the Defendants home prior
to the chance of mediation, Substitute Trustees violated Defendants due process rights.
The U.S. and Maryland Constitutions guarantee due process of law for
deprivations of life, liberty or property through state action. U.S. Const Amend. XIV; Md.
Const. Decl. of Rts. Art. 24. State action includes “mortgage foreclosure conducted
Appeals”. Knapp v. Smethurst, 139 Md. App. 676 at 706 (2001). Foreclosure mediation
The mediation statute aims to enforce homeowner’s due process rights in several
ways. First, the statutes requires that certain representatives from the lending party who
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have the power to settle the matter attend the mediation. Real Prop. §7-105.1(j)(1)(iv).
acknowledges the magnitude of the mediation’s forum. Without those parties, mediation
The statute also requires mediations to be conducted by a neutral third party who
reports the outcome of the mediation to the Circuit Court. Real Prop. §7-105.1(j)(3).
The mediator offers not only a neutral perspective, but also through his report to the
Court, is a representative of the “law of the land” Md. Const. Decl. Rts.art.24.
Finally, the statute prohibits foreclosure sales before mediation takes place. Real
rights before the homeowners participate in this crucial part of the foreclosure process.
extinguishing his property rights in his home without giving him the opportunity first to
be heard in mediation and determine whether there were any alternatives to foreclose
available to him. This violates not only the spirit and express intent of the foreclosure
mediation statute, it is also unfair and unjust and should not be ratified by this Court.
II. Substitute Trustees’ advertised and executed sale of Defendants home while foreclosure
mediation was still pending, in violation of Maryland Rules §14-209.1(b) and §14-305(2).
The Maryland Rules require that foreclosing parties refrain from advertising owner-
occupied residential property while foreclosure mediation is pending. Md. Code Ann., MD Rule
14-209.1(b). Further, a sale should not be ratified unless it was fairly and properly made. Md.
Code Ann., MD Rule 14-305(e)(2). Substitute Trustees’ actions fail on both accounts.
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A. This Court has both equitable and statutory authority to invalidate the
Assuming arguendo that these exceptions are not properly brought or were never
filed, the rules above give this Court the equitable authority to invalidate the foreclosure
This Court has explicit statutory authority to strike the sale on its own initiative
under Maryland Rule 14-207.1, which was adopted on an emergency basis by the Court
of Appeals in 2010. This rule provides in part “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, and party 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”. Maryland Rule 14-
207.1
Therefore, this Court may elect to deny the ratification of the foreclosure sale if it
determines that the sale was not properly and fairly made, notwithstanding the filing or
validity of exceptions. For the reasons stated above this Court should exercise its
home.
1. VACATE the October 23, 2017 order ratifying the foreclosure sale
herein;
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3. ORDER such other and further relief as the nature of the Defendants cause
may require.
Respectfully
Submitted,
FREDERICK L. SAVAGE
Pro Se
6726 Darkwood Court
District Heights, MD 20747
CERTIFICATE OF SERVICE
FREDERICK L. SAVAGE
Pro Se
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