2020 Maryland Statutes
Real Property
Title 14 - Miscellaneous Rules
Subtitle 1 - Miscellaneous Rules
Section 14-108.1 - Action for Possession
(a) This section does not apply to:
(1) A grantee action under § 14–109 of this subtitle;
(2) A landlord–tenant action that is within the exclusive original jurisdiction of the District Court;
(3) An action for nonpayment of ground rent under a ground lease on residential property that is or was used, intended to be used, or authorized to be used for four or fewer dwelling units; or
(4) An action for wrongful detainer under § 14–132 of this subtitle.
(b) (1) A person who is not in possession of property and claims title and right to possession may bring an action for possession against the person in possession of the property.
(2) Encumbrance of property by a mortgage or deed of trust to secure a debt does not prevent an action under this section by the owner of the property.
(c) When personal jurisdiction is not obtained over the defendant, the plaintiff may obtain a default judgment under the Maryland Rules only on proof of title and right to possession. The judgment shall be in rem for possession of the property. Entry and enforcement of the judgment does not bar further pursuit, in the same or another action, of the plaintiff’s claim for mesne profits and damages.
