§ 5062D. Complaints and answers [Expires Jan. 1, 2025, under the terms of subsection (e) of this section].
§ 5062D. Complaints and answers [Expires Jan. 1, 2025, under the terms of subsection (e) of this section]. (a) A complaint to foreclose a mortgage in an action subject to this chapter shall contain a statement as to whether the mortgage foreclosure action is subject to the Automatic Residential Mortgage Foreclosure Mediation Program and, where […]
§ 5093. Liability of officer for escape; action against officer.
§ 5093. Liability of officer for escape; action against officer. If a person arrested, or imprisoned, by virtue of an execution, be suffered to escape, the sheriff, constable, or other officer having the custody of such person at the time of the person’s escape, shall be answerable for the full amount payable according to the […]
§ 5063. Judgment upon default.
§ 5063. Judgment upon default. If the defendant fails to appear at the return day of the scire facias, definitive judgment therein, as well as all other judgments to be given upon such scire facias, shall be entered that the plaintiff have execution by levari facias directed to the proper officer. Code 1852, § 2486; […]
§ 5094. Restitution on reversal of judgment after sale of real estate.
§ 5094. Restitution on reversal of judgment after sale of real estate. If, after the sale of real estate upon execution process, the judgment upon which such writ is awarded shall be reversed for error, the real estate, so sold, shall not be restored, nor any part thereof, nor shall the sale thereof be avoided; […]
§ 5064. Award of levari facias when county line divides land.
§ 5064. Award of levari facias when county line divides land. The writ of levari facias awarded upon any judgment for the sale of any such tract, as mentioned in § 5062 of this title, shall be directed to the sheriff of the county wherein the judgment was given. The sheriff shall proceed in the […]
§ 5095. Mistaken identity of judgment debtor.
§ 5095. Mistaken identity of judgment debtor. Where a judgment is entered upon the wrong person by any court by reason of mistaken identity, that person shall at any time after the entry be permitted to petition the court that entered the judgment to challenge the validity of the judgment entered against him or her. […]
§ 5065. Procedure after award of levari facias.
§ 5065. Procedure after award of levari facias. Under a levari facias, awarded as described in this subchapter, the mortgaged premises shall be taken in execution, and after notice given in the same manner as in other cases of the sale of lands upon execution process, shall be exposed to public sale, and upon such […]
§ 5066. Title of purchaser.
§ 5066. Title of purchaser. The person to whom any lands and tenements shall be sold, or delivered, under § 5065 of this title, and such person’s heirs and assigns, shall hold the same, with their appurtenances, for such estate, or estates, as they were sold, or delivered for, discharged from all equity or redemption, […]
§ 5067. Disposition of surplus from sale proceeds.
§ 5067. Disposition of surplus from sale proceeds. Any surplus of the proceeds of sale of mortgaged premises, after satisfying the principal debt in the mortgage, with interest and costs, shall be rendered to the owner of the premises at the time of sale. Until the surplus is so rendered, the officer making the sale […]
§ 5071. Issuance for execution on judgments and recognizances; parties.
§ 5071. Issuance for execution on judgments and recognizances; parties. A writ of scire facias may be sued upon a judgment in a personal, or mixed action, as well as upon a judgment in a real action, as also upon all recognizances, to obtain execution of such judgment, or recognizances. Such writ may be sued […]