Maryland Court of Appeals Approves Emergency Rule on Screening Foreclosure Documentation and Special Master Reviews

On October 19, the Maryland Court of Appeals approved Emergency Rule 14-207.1 and amendments to Maryland Court Rules 1-311 and 14-207, authorizing Maryland courts to adopt procedures to screen pleadings and documents, including affidavits, filed in foreclosure proceedings for compliance with legal requirements. Where a court has reason to believe an affiant in a foreclosure proceeding (i) may not have read or personally signed an affidavit, (ii) did not have a sufficient basis to attest to the accuracy of the facts in the affidavit, or (iii) failed to appear before a notary, the court may order the party to show cause why the affidavit should not be stricken, and why the action should not be dismissed. The Rule also empowers courts to order affiants and notaries to testify under penalty of perjury as to the circumstances of the signing of the affidavits, and provides that special masters may be appointed to screen foreclosure documents, and to conduct the proceedings in which affiants or notaries may be required to testify. Plaintiffs have 30 days to demonstrate compliance if a pleading or affidavit is questioned. If a party attempts to amend, supplement, or confirm a previously filed affidavit or pleading, the party must serve the new document on all parties and their attorneys, regardless of whether the original affidavit or pleading required service. Finally, attorneys who submit an improperly signed pleading or paper, or one signed with intent to defeat the purposes of the rule requiring an attorney signature, may have the pleading or paper stricken and be subject to discipline. The new Rules took effect for all new actions commenced on or after October 20, 2010, and "insofar as practicable to all actions then pending."