Pay Your Loan or be Foreclosed Upon

The heading above may seem like common sense advice. However, many people come to me who have not made a mortgage payment in years. They assert that the lender bringing the foreclosure action has no right to bring it because there was a defect in the process of transferring the loan from a prior lender to the current holder of the note. Conover v. Fisher, a recent unreported Maryland Court of Special Appeals Case, reinforces the principal that the court will not permit a great deal of exploration of whether a party has a right to foreclose. The court is interested in whether payments were made. If they were not, whoever is bringing a foreclosure case probably has a right to bring it

 

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