Bates v. Cohn

Sonja D. Bates (“Appellant”), whose house was sold at foreclosure, sought, in the context of post-sale exceptions, a court-ordered “do-over” based on allegations that essentially her lender failed to allow her to take advantage of pre-sale loss mitigation efforts required by federal regulations. For reasons we shall explain, we agree with the Circuit Court for Montgomery County that Appellant, by failing to raise a ripe claim in this regard prior to the sale of her house, waived effectively that claim. Ordinarily, such a claim must be asserted before sale as a ground to stay or enjoin the…