2021 Maryland Statutes
Courts and Judicial Proceedings
Title 5 - Limitations, Prohibited Actions, and Immunities
Subtitle 1 - Limitations
Section 5-121 - Action Against Mortgage Servicer for Damages Arising Out of Unfair, Abusive, or Deceptive Trade Practices

Universal Citation:
MD. Courts and Judicial Proceedings Code Ann. § 5-121 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

    (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.

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