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r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

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price as set forth in the report of sale. On application by a<br />

person having an interest in the property or by the person<br />

authorized to make the sale, the court may increase or decrease<br />

the amount of the bond pursuant to Rule 1-402 (d).<br />

. . .<br />

REPORTER’S NOTE<br />

Jeffrey B. Fisher, Esq., a mortgage foreclosure practitioner<br />

and a member of the Foreclosure Practice Subsection of the Real<br />

Property Section of the <strong>Maryland</strong> State Bar Association, has<br />

requested that section (a) of Rule 14-206 be amended to reduce<br />

clerical work and judicial time by simplifying the bond<br />

requirement and eliminating the need to file a motion to<br />

substitute purchaser if the property is bought by the holder of<br />

the debt secured by the lien, but title will be held by a person<br />

acting on the holder’s behalf. The amendment (1) fixes the<br />

initially required bond at $25,000 unless increased or decreased<br />

by the court on the application of the person making the sale or<br />

any person having an interest in the property, making such<br />

applications unnecessary in most cases, (2) provides that the<br />

bond shall be increased to the sale price if the property is sold<br />

to a buyer who is not the holder of the debt or a person<br />

designated by the holder in a writing filed in the proceeding to<br />

take title on the holder’s behalf, and (3) by providing that the<br />

holder can designate a person to take title on its behalf,<br />

eliminates the need for motions to substitute purchasers in those<br />

cases.<br />

-285

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