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This entry was published on 2014-09-22
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Action to determine claims where foreclosure of mortgage was void or voidable
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 15
§ 1503. Action to determine claims where foreclosure of mortgage was
void or voidable. When real property has been sold pursuant to a
judgment in an action to foreclose a mortgage under article 13 of this
chapter or pursuant to article 14 of this chapter, or has been conveyed
to the mortgagee or the designee of such mortgagee by deed in lieu of
foreclosure, and it appears from the public records or from the
allegations of the complaint that such judgment, sale or conveyance was
or may have been, for any reason, void or voidable as against any
person, including an owner of the real property mortgaged, the purchaser
or such mortgagee or designee, or the successor of any such person, in
possession of such real property, may maintain an action as provided in
this article to determine the right of any person to set aside such
judgment, sale or conveyance or to enforce an equity of redemption or to
recover possession of the property, or the right of any junior mortgagee
to foreclose a mortgage. Such action may be maintained even though an
action against the defendant to foreclose the mortgage under which the
judgment, sale or conveyance was made, or to extinguish a right of
redemption, would be barred by the statutes of limitation.