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Claim for foreclosure surplus

Posted by Lee on July 28, 2003 at 11:05 AM

New owner is requesting surplus from sale to recover expenses for eviction of former owner, property damage, and legal fees. Court auditor states case law (Balance Limited, Inc. vs. Short & Cooper, 35 Md. App. 10, 368 A2d 1116 (1978) that suggests only claims that have become an absolute lien upon the property can be considered in the disposition of surplus proceeds.

Is there any legal authority (applicable to Maryland) that the new owner could use or anything that can be done to have his claim to the surplus considered?


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