Curtis v. US Bank National Ass'n
427 Md. 526
Md.2012Background
- PTFA requires at least 90 days advance notice to bona fide tenants after foreclosure; Maryland parallel RP 7-105.6 provides similar protections and procedural specifics.
- Foreclosure involved a residential property in Maryland where USBNA foreclosed on Price’s deed of trust and took title; Curtis continued occupancy as a tenant.
- USBNA sent post-sale notices that were conflicting: one urging immediate vacate while signaling possible bona fide tenant rights, and a separate 90-day notice.
- Curtis challenged the notices and moved to intervene; USBNA filed a motion for possession under Maryland Rule 14-102 asserting immediate possession rights.
- Circuit Court granted USBNA’s motion; Curtis appealed, arguing notices were defective and the motion premature under PTFA and Maryland rules.
- Court holds that misleading notices fail to satisfy PTFA, motion premature if there is no immediate right to possession, and reverses/remands for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether USBNA’s notices satisfied PTFA and Maryland requirements | Curtis | USBNA | No; notices were misleading/defective. |
| Whether USBNA had an immediate right to possession at filing | Curtis | USBNA | No; USBNA lacked immediate possession rights when filing. |
| Whether the possession motion was premature | Curtis | USBNA | Yes; motion premature under PTFA and rules. |
| Whether the tenancy qualifies as bona fide under PTFA/RP | Curtis | USBNA | Bona fide status not dispositive given defective notices and premature motion. |
Key Cases Cited
- Legacy Funding LLC v. Cohn, 396 Md. 511 (Md. 2007) (landlord-tenant rights post-foreclosure; possession standards under RP § 7-105.6)
- Southern Md. Oil v. Kaminetz, 272 A.2d 641 (Md. 1971) (tenancy rights when mortgage precedes lease)
- Kessler v. Equity Management, Inc., 82 Md.App. 577 (Md. 1990) (tenants’ possessory rights against landlords)
- Fontaine v. Deutsche Bank National Trust Co., 372 S.W.3d 257 (Tex.Ct.App.2012) (foreign PTFA-like holdings; tenancy rights after foreclosure)