Legislative Roundup—Proposed Legislation in Virginia and Maryland.
As the legislative sessions in Virginia and Maryland proceed in 2018, there are a number of proposed legislative changes being considered. The Firm will continue to monitor the legislation as it progresses.
HB 755/SB422 – Foreclosure–Notices of Sale when an Owner is Deceased
(Proposed Amendment to VA Code Sections 55-59.1 and 55-64)
Provides that when the owner of a property to be sold by a trustee pursuant to a deed of trust is deceased, the notice of the sale shall be delivered to the last known address of the deceased owner, any personal representative of the deceased’s estate, and any heirs of the deceased as recorded in the land records where the property is located. The bill further provides that the trustee of a deed of trust for property that is sold after the death of the owner shall include (i) any remaining subsequent debts and obligations secured by the deed and (ii) any liens of record inferior to the deed of trust under which the sale is made, with lawful interest, in the list of debts to be paid off using any surplus from the sale prior to paying the remainder of the surplus to the decedent’s personal representative
For more information please visit Foreclosure–Notices of Sale when an Owner is Deceased
HB 856 Eviction – Unlawful Detainer/Execution of Writs of Possession
(Proposed Amendment to VA Code Section 8.01-129)
Under the proposed amendment it permits a judge, upon request of the plaintiff, to issue a writ of possession immediately upon entry of judgment in an unlawful detainer case. The bill requires the sheriff to serve notice of the writ, including the date and time of eviction, on the defendant at least 72 hours prior to execution of the writ. The bill further provides that a sheriff shall not evict the defendant from the dwelling unit sooner than the expiration of the defendant’s 10-day appeal period
For more information please visit Unlawful Detainer/Execution of Writs of Possession
HB 311 Eviction – Unlawful Detainer-Challenge to Legal Title at Eviction
(Proposed Amendment to VA Code Sections 8.01-126 and 8.01-130)
This proposed Amendment codifies the Virginia Supreme Court ruling in Parrish v. Fannie Mae, 292 Va. 44, 50, 787 S.E.2d 116, Va. LEXIS 76. Under the proposed bill, when proceeding on an unlawful detainer action in the General District Court (“GDC”) if a defendant challenges the validity of title in the General District Court, if the GDC finds that the allegations are sufficient to state a bona fide claim on legal title of the property, the GDC shall dismiss the case without prejudice and the landlord/owner shall proceed with its unlawful detainer case in Circuit Court. A decision that the defendant has failed to raise a valid issue of legal title shall be with prejudice and is appealable by the defendant to the circuit court but only upon posting bond for such appeal.
For more information please visit Unlawful Detainer-Challenge to Legal Title at Eviction
HB182-PG404-18 Prince George’s County—Foreclosure Vacant and Abandoned Residential Property
This proposal would allow Prince George’s County or a municipality in Prince George’s County, with regard to certain vacant and abandoned residential property in Prince George’s County, to file an action to compel any mortgagees to complete a mortgage foreclosure proceeding or issue a certificate of discharge under certain circumstances.
For more information please visit Prince George’s County—Foreclosure Vacant and Abandoned Residential Property
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