Thursday, March 19, 2020
Worth reading if you are a tenant or having trouble with your mortgage
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IN THE COURT OF APPEALS OF MARYLAND
ADMINISTRATIVE ORDER ON
SUSPENSION OF FORECLOSURES AND EVICTIONS
DURING THE COVID-19 EMERGENCY
WHEREAS, Pursuant to the Maryland Constitution, Article IV, § 18, the Chief
Judge of the Court of Appeals is granted authority as the administrative head of the Judicial
Branch of the State, including the closing of courts in the State of Maryland and non-court
judicial facilities; and
WHEREAS, The Court of Appeals has approved Chapter 1000 of Title 16 of the
Maryland Rules of Practice and Procedure setting forth the emergency powers of the Chief
Judge of the Court of Appeals; and
WHEREAS, In instances of emergency conditions, whether natural or otherwise,
that significantly affect access to or the operations of one or more courts or other judicial
facilities of the State or the ability of the Judiciary to operate effectively, the Chief Judge
of the Court of Appeals may be required to determine the extent to which court operations
or judicial functions shall continue; and
WHEREAS, Due to the outbreak of the novel coronavirus, COVID-19, and
consistent with guidance issued by the Centers for Disease Control, an emergency exists
that poses a threat of imminent and potentially lethal harm to vulnerable individuals who
may come into contact with a court or judicial facility and personnel; and
WHEREAS, To the extent possible, the courts and judicial offices and units have
remained operational and provided scheduled and required events while balancing the
health and safety needs of court visitors and personnel during the early stage of this
emergency; and
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WHEREAS, Escalation of the emergency has required comprehensive measures to
protect the health, safety, and well-being of Maryland residents and Judiciary personnel;
and
WHEREAS, The Administrative Order on Statewide Judiciary Restricted
Operations Due to the COVID-19 Emergency filed March 16, 2020, authorizes the courts’
consideration or resolution of matters that can be addressed without a proceeding that
involves testimony or argument; and
WHEREAS, Foreclosures of residential property, foreclosures of the right to
redeem residential property sold in a tax sale, and residential evictions present the strong
likelihood of creating undue hardship if completed during the pendency of the emergency,
NOW, THEREFORE, I, Mary Ellen Barbera, Chief Judge of the Court of Appeals
and administrative head of the Judicial Branch, pursuant to the authority conferred by
Article IV, § 18 of the Maryland Constitution, do hereby order this 18th day of March 2020,
as follows:
(a) Those foreclosures of residential properties and foreclosures of the rights of
redemption of residential properties pending in the circuit courts shall be
stayed effective immediately; and
(b) Residential eviction matters pending in the District Court of Maryland and
all pending residential eviction orders shall be stayed effective immediately;
and
(c) New foreclosure of residential property, foreclosure of rights of redemption
after a tax sale, and residential evictions shall be stayed upon filing; and
(d) To the extent that this Administrative Order conflicts with extant
Administrative Orders, local judicial orders or memoranda, this
Administrative Order shall prevail; and
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(e) This Administrative Order will be revised as circumstances warrant.
/s/ Mary Ellen Barbera
Mary Ellen Barbera
Chief Judge
Court of Appeals of Maryland
Filed: March 18, 2020
/s/ Suzanne C. Johnson
Suzanne C. Johnson
Clerk
Court of Appeals of Maryland
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