Md. foreclosures upheldAppeals court says changing law on notice is up to AssemblyThe state's foreclosure notification process is constitutional -- even if homeowners never receive the notice, the Maryland Court of Appeals ruled yesterday.
Foreclosure plans must be published in a newspaper and sent to the homeowner via regular and certified mail roughly two weeks before the property is sold, according to Maryland law. If owners don't get the message in that time frame, as was the case for Joyce Griffin of Pasadena, they could still lose their homes to foreclosure.
In a 30-page opinion issued yesterday upholding the law, a sympathetic appeals court bemoaned the escalation and "scope" of the subprime mortgage "problem," but the judges said it was up to the legislature -- not the courts -- to change things.
"Our duty is not to substitute our own judgment of what the law ought to be for what the Legislature declares it should be," the opinion, written by Judge Glenn T. Harrell Jr., states.
Baltimore Sun