§ 5-121. Action against mortgage servicer for damages arising out of unfair, abusive, or deceptive trade practices.

MD Cts & Jud Pro Code § 5-121 (2019) (N/A)
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(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.