2019 Maryland Code
Courts and Judicial Proceedings
Title 5 - Limitations, Prohibited Actions, and Immunities
Subtitle 1 - Limitations
§ 5-121. Action against mortgage servicer for damages arising out of unfair, abusive, or deceptive trade practices.
(a) (1) In this section the following words have the meaning indicated.
(2) “Homeowner” means:
(i) A record owner of residential property that is owner–occupied at the time the alleged violation of § 13–301 of the Commercial Law Article or other State law occurred; or
(ii) An individual who occupies residential property under a use and possession order issued under Title 8, Subtitle 2 of the Family Law Article.
(3) “Mortgage servicer” has the meaning stated in § 11–501 of the Financial Institutions Article.
(4) “Residential property” has the meaning stated in § 7–105.1 of the Real Property Article.
(5) “Unfair, abusive, or deceptive trade practice” has the meaning stated in § 13–301 of the Commercial Law Article.
(b) This section applies only to claims relating to residential property.
(c) An action filed by a homeowner against a mortgage servicer for damages arising out of an unfair, abusive, or deceptive trade practice shall be filed within the earlier of:
(1) 5 years after a foreclosure sale of the residential property; or
(2) If the mortgage servicer discloses its unfair, abusive, or deceptive trade practice to the homeowner, 3 years after the disclosure to the homeowner.
