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You're not the owner until ratified..

Posted by Ward-CA- on June 01, 2002 at 5:34 PM

In Reply to: Actions during a ratification period? posted by Rodney on June 01, 2002 at 3:15 PM

: In Maryland there is a 45-60 day ratification period of all
: Trustee sales by the court. Does anyone know if one can
: file an "Unlawful Detainer" (eviction proceeding) during this time period? If not, is it possible to file the Unlawful Detainer 30 days into the ratification period so that the "Return Date" (court apperance date) is just 1-2 days after the ratification date?

: Thanks,

: Rodney
==============

Rodney,

Logic tells me that if the court fails to ratify your purchase then you'd not become the new owner of the property. Therefore you shouldn't be entitled to bring any eviction action for possession of property that you might not perfect ownership of.

To avoid such an outcome it seems to me that you wouldn't be permitted to initiate an eviction action until it was certain that you were the new owner.


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