INTHE CIRCUIT COURT FOR CARROLI. COUNTY, MARVLAND, a . Paint) : Substitute Trustees, : ¥ : A ee ‘ Defendants ‘MOTION TO STRIKE AFFIDAVIT AND DISMISS COMES NOW Defend: EE (“Defendants”), by and ‘through undersigned counsel, requesting that This Court strike Plaintiffs’ “AGidavit of Date and [Nature of Default; And that "Notioe of Intent to Forelose” Was Sent 45 Days Before Filing of Foreclosure Case, 7-105.1(4X1)G)(1)-@)” and dismiss the instant action parsuant to Maryland [Rules 14211 and 14-2071, and in suppor thereof state as follows: 1) This moons supported by ees REE following as Exhibit 1. 2) Plaintiffs filed an Order to Docket in the above-captioned case on September 10, 2012, initiating this foreclosure action against Defendants for their propety at Beas 3) The first document in Pint Order to Docket is an ait puportedly complying vith Maryland Code, Real Property Arise §7-105.1@1), sine amended 7- 105.1((1, which requires tht an Onder to Docket include an fav ining 1)4 9 a » the date of default and nature of default, 2) that «notice of intent to foreclose was sent in seeondance with 7-105.1(0), and 3) that the “contents of the notice of intent to foreclose ‘were accurate” atthe time the notice was sent However, ths affidavit names no representative from the lender or the Sutstitute “Trustees / Plaintiffs and is unsigned. See Bxhibit2, “Affidavit of Date and Nature of Default; And that "Notice of Intent to Foreclose” Was Sent 45 Days Before fling of Foreclosure Case, 7105.1(@X1)i)(0(2)" ‘Maryland Rule 1-202() defines “AfMidavit” 9s “a written statement the contents of which sare affirmed under the penalties of perjury to be tre," and as sed in Maryland Rule 14- 207.1()it “includes any attestation or certification by an attorney, borrower, record ‘owner, party, or agent ofthe attomey, borrower, record owner, or paty conceming ihe truth or accuracy of pleading or pape.” ‘Aa an affidavit necessarily roqutes that there be an individual affirming its contents, a document without such endorsement such a that filed by Plaintifis isnot an affidavit. ‘The failure to include a valid affidavit in accordance with Real Property Anite 7- 105.1(@ corrupts the entire foreclosure action, asa central statutory requitement was not ‘met, and asthe failure calls questions tothe accuracy and efficacy of the information contained therein and elsewhere inthe foreclosure action. ‘The Court of Appeals made it clear that it considers a faulty affidavit tobe a serious transgression. In October of 2010 the Court issued Emergency Rule 14-2071, permiting (Creat Couns to “adopt procedure to Sreen pleadings and papers Med in an action to foreclose alien.” The rule provides tha “Gf the court has reason to believe that an sffidevit filed in the action may be invalid because the affant has not rea or prsoaallysigned the affidavit, because the afant does not have a suliient basso attest othe accuracy of the facts stated in the sfdavit, or, if applicable, becuse the aint didnot appear before the notary as stated the court may order the party to show eause why the sifidavit should not be stricken and, iit is stricken, why the action should not be Aismissed or other elif granted.” 9) The Court of Appeals thereby provided This Court withthe euthorty review afiavits contained in Orders to Docks on its own initiative, which the docket does no reflect taving occurred inthis ese. 10) Though Tis Cour spparcalycondtod no such review, Defendants bring to This Cout’s tention the unsigned affidavit, and request te sume relief This Court would dye granted had it identified the invalid aldavit on is own acord, namely striking the unsigned affidavit and dismissing the instant ferclosure ation. 11)Defendans request this rele as necessary redress fr Plants agrant fre to follow the requirements of Maryland law putin place to protect homeowners rom just his type of negletil end iesponsibe foreclosure activity. IF hey must lose their home to foreclose, Defendants ae at est ented to a fay and properly conducted foreclosre action fist. WHEREFORE, Defendants request that This Court strike Plaintiffs’ “Affidavit of Date and [Nature of Defiult; And that “Notice of Intent to Foreclose” Was Sent 45 Days Before Filing of Foreclosure Case, 7-105.1(6)1))(1)-@)," dismiss this action, and take any other such action it dems appropriateRespectfully Submitted, ‘Attomey tor DetendantINTHE CIRCUTT COURT FOR CARROLL COUNTY, MARYLAND a a : Substitute Trustees, ‘ % : NN ee «ol. . Defendant . ORDER ‘Upon consideration of Defendant's Motion to Strike Affidavit and Dismiss, tis by the Circuit Court for Carroll County, Maryland, ORDERED that Plaintiffs’ “Affidavit of Date and Nature of Dealt; And that “Notice of Intent to Foreclose” Was Sent 45 Days Before filing of Foreclosure Case, 7-105.1(@)(1)Gi)(1 {@)" is STRICKEN, and itis further ‘ORDERED thatthe above-captioned action be DISMISSED. ITISSOORDERED this__ day of, 20 Tage se: Plaintf's Counse! Defendants