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Forecloser nonjudicial

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by Lauriec11, Jul 12, 2019.

  1. Lauriec11

    Lauriec11 Law Topic Starter New Member

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    Jurisdiction:
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    Hi, Unfortunately last week my condo paid in full was foreclosed on and I'm going to appeal it. I spoke to the a clerk at the Montgomery county Circuit Court and she said I need to file a special appeal and a motion to stay in the house. I was also told by another clerk something different so I need to make sure. I know I havexcç if w

    1. Is this what I need to file
    2. How long does it take before the other party can evict me?
    3. I had filed last year a UCC 1 and became a secured creditor so everything I owned was supposed to be covered in a blanket lien. I thought my property was safe. How can the other party put another lien on my house and the IRS? Is there anything I can about this?
    Thanks so much in advance ilfor anybody that can help answer these answers.
    Laurie
     
  2. PayrollHRGuy

    PayrollHRGuy Active Member

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    You are going to have to explain yourself better.

    A property tax has little to nothing to do with the IRS.

    Just because you say you have a lien on your own property doesn't mean anything.
     
  3. zddoodah

    zddoodah Well-Known Member

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    That's a very unusual thing for a court clerk to say. Court clerks are prohibited by law from giving legal advice, but that's exactly what you're claiming these folks did. In any event, I strongly recommend you not rely on advice from non-lawyers.

    Ummm... Please proofread what you write before posting.

    I don't know what "this" refers to.

    I have no familiarity with Maryland procedures, but property tax foreclosures and sale typically take many months and often more than a year.

    Huh? You became a secured creditor of whose property? You can't take a lien against your own property. Also, real property is not affected by a UCC filing.

    Sounds to me like you got some bad information/advice from someone utterly unqualified to provide it and acted on that information/advice to do something completely meaningless.

    I don't know what "the other party" means. Rather obviously, the local taxing authority can put a lien on real property if the owner doesn't pay property taxes. The existence of prior liens does not change that. Also, I have no idea what "put a lien on . . . the IRS" might mean.
     
  4. Zigner

    Zigner Well-Known Member

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    The OP got her mind filled with sovereign citizen nonsense...
     
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  5. Tax Counsel

    Tax Counsel Active Member

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    You'll need to explain better what happened here. If what happened was you filed UCC-1 forms to claim a security interest in your own property thinking that lien would avoid you losing your property for tax claims and other debts then you are mistaken. That scheme, promoted by some, for lack of a better phrase, anti-government folks, simply does not work because you can't be a secured creditor of your own property. Furthermore, a UCC-1 filing does not create a lien on real property, like a condo. A mortgage or deed of trust is used for that. Finally, real property taxes in Maryland (and as I recall every other state) take a priority over ALL other liens on the property. That means even if you could have created a lien in favor of yourself on the condo that lien would still be subordinate to the real property lien and the real property tax collector could sell the property to collect the tax. So if you didn't pay your real property taxes banking on a scheme like this, it won't work. What you needed to do to avoid the foreclosure sale is pay the taxes, interest, and any penalties before the sale. Even after the sale you have 6 months to pay up to get the property back. If you are hoping that you can appeal and avoid having to pay the property tax, I think you'll find that won't work. So if you still have time, doing the redemption is going to be the best way to get the condo back. Like it or not, if you want to own that condo, you have to pay the property taxes.
     
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  6. Lauriec11

    Lauriec11 Law Topic Starter New Member

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    I bought my condo 2 years ago in cash. The Forecloser was for property tax. I missed most of the court mailings because my postman is ALWAYS mixing up our mail and I've put my mail on hold 3 times so I could pick it up. Picking it up wasn't working because they continued to deliver and now I just got new address to forward to just to be able to hopefully receive all of it Needless to say that's w one of the reasonsI didn't get court information. My condo was foreclosed on and Im planning on doing an appeal in the Court of Appeals in Maryland but I wanted to find out if I can just get my case thrown out because the courthouse has mixed my case with somebody else. My case number on my papers belong to somebody else and in the case it even shows them serving her . My case is closed in Circuit Court. Can I do something there instead of going to the higher court? Thank you!
     
  7. justblue

    justblue Active Member

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    Please, post any and all questions regarding this issue on your original thread...Thanks...:)
     
  8. army judge

    army judge Super Moderator

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    You should discuss your predicament with a couple of local attorneys.

    Good luck.
     
  9. zddoodah

    zddoodah Well-Known Member

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    You're going to need to consult with a local attorney who is familiar with your state's and the local court's procedures.
     

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