Maryland Court of Special Appeals Holds That Foreclosure Actions Are Not Subject to a Statute of Limitations

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Troutman Pepper represented the defendant/appellee in Wanda Daughtry, et al v. Jeffrey Nadel, a case in which the appellants argued that a foreclosure action filed six years after the borrowers defaulted was time-barred. The case concerned whether Maryland’s default three-year statute of limitations for “actions at law” applied to a foreclosure action. The Court of Special Appeals for Maryland rejected the appellants’ contention and held that foreclosure actions are not subject to a statute of limitations. Specifically, the court held that in Maryland, foreclosures are equitable proceedings, distinct from actions at law and are not, nor have they ever been, subject to a statute of limitations.

A copy of the court’s December 16 opinion can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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