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Cummings Welcomes Changes In Maryland Court Procedure For Foreclosures
Congressman has been at the forefront of fighting fraudulent foreclosures.
(Washington, DC) – Congressman Elijah E. Cummings (MD-07), a senior member of the Joint Economic Committee and the House Committee on Oversight and Government Reform, today applauded the vote by the Maryland Court of Appeals, approving a new rules change for foreclosure actions.
“Fraudulent foreclosures must end immediately,” said Cummings. “One way to make this happen is through a foreclosure moratorium, which I spearheaded and which Governor O’Malley, at my request, has encouraged. Another, equally important protection for Maryland homeowners is a fundamental shift in the way our courts deal with foreclosure. I believe this rule change represents the beginnings of that fundamental shift here in Maryland.”
In proposing the new rule, the Court said, “the use of bogus affidavits to support actions to foreclose liens on property, apart from prejudice to the homeowners, constitutes an assault on the integrity of the judicial process itself.”
Because of this, the Court will instruct any party filing a questionable affidavit to appear before the Court. Any costs incurred in the investigations of these affidavits will be bourn by the party who brings the foreclosure action.
According to published reports, Montgomery County Circuit Court's administrative judge, John W. Debelius III helped draft the proposed rule and said, "You're talking about, potentially, a problem on a very large scale."
Cummings agreed, “This could be a terrible situation on a number of fronts and for thousands of homeowners. This rules change is the right thing to do,” said Cummings. “Anyone suspected of filing these fraudulent documents should not be allowed to simply refile. They should be required to defend their actions and incorrect documents, whether filed intentionally or because of oversight, should not cost the homeowner, nor the court system. I applaud the Court for their work.”
Cummings led the way in requesting a 60-day moratorium on all foreclosures in Maryland, calling on Governor O’Malley and Attorney General Gansler to immediately put such an action into effect. Cummings sent the letter when it was announced that Maryland, as a quasi-judicial foreclosure state, was not among the 23 states in which foreclosures were suspended by several banks.
Cummings, O’Malley and Gansler followed with a letter to seven banks, requesting that each of those banks add Maryland to their list of states in which foreclosures would be suspended.
Since Cummings began his call for a moratorium, Attorneys General in several states, including Florida, Iowa, Illinois, Colorado, California, Texas, Massachusetts, Ohio, North Carolina and most recently, Delaware, have called for moratoriums on foreclosure, either voluntarily or by legislation.
From a Federal standpoint, New York Congressman and Chair of the Committee on Oversight and Government Reform Ed Towns, Florida Rep. Alan Grayson, Oregon Rep. Earl Blumenauer, Michigan Reps. Carolyn Cheeks Kilpatrick and John Conyers, and the Democratic delegation from California, led by Speaker Nancy Pelosi, have followed the lead set by Congressman Cummings, calling for moratoriums.
Cummings has consistently been an advocate for the rights of those facing foreclosure and has held four Foreclosure Prevention Seminars for people who are facing potential foreclosures. The homeowners meet with their lenders to work out loan modifications to prevent foreclosure.
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