After she defaulted, the lender foreclosed and purchased her property at the foreclosure sale. Rodriguez occupied a house that she had financed with a mortgage loan. No foreclosure case was pending against Ms. It conducted no investigation before posting the notice. The mortgage servicer posted a notice on the property stating that it believed the property to be abandoned, providing contact information, and stating that the property would be presumed abandoned and that it would evict by self-help unless it was contacted within fifteen days. Poole had financed the property with a mortgage loan which was in default. The Wheelings rented the property that they occupied from Donna Poole.
The case before the Court of Appeals involved two sets of occupants of residential property. The Maryland Consumer Protection Act prohibits any “unfair, abusive, or deceptive trade practice” in the lease or rental of “consumer realty.” It too provides for a private right of action and for the recovery of attorneys’ fees. The statute provides for a private cause of action in the event of a violation in which a party damaged by a violation may recover damages, reasonable attorneys’ fees and costs.
However, it provides for an exception if the property is abandoned and the owner posts a notice on the property providing its contact information, stating that it believes the property to be abandoned, and advising any occupant that if the occupant does not contact the owner within fifteen days, the owner will presume the property to be abandoned and proceed with self-help eviction. Section 7-113 generally outlaws self-help evictions of occupants of residential property. Real Property Article Section 7-113 was enacted in response to a 2012 Court of Appeals decision upholding the right of property owners to evict occupants by self-help without any court proceeding. The Court of Appeals held that: (a) posting a notice under Section 7-113 of Maryland’s Real Property Article stating that a landlord believes a property has been abandoned so that a self-help eviction can be carried out is a violation of both that Article and the Maryland Consumer Protection Act if the landlord has not conducted a reasonable investigation as to whether the property has been abandoned before posting the notice (b) occupants who have not been evicted or had their access to property restricted may still recover for emotional injury that results in physical injury evidenced by objective physical manifestation and (c) attorneys’ fees incurred by occupants in determining their rights as a result of the posting of the notice do not constitute “damages” recoverable under either statute. In an Apopinion, Maryland highest court, the Court of Appeals, largely reversed a decision of the Court of Special Appeals.