Troutman Pepper represented the defendant/appellee in Wanda Daughtry, et al v. Jeffrey Nadel, a case in which the appellants argued that a foreclosure action filed six years after the borrowers defaulted was time-barred. The case concerned whether Maryland’s default three-year statute of limitations for “actions at law” applied to a foreclosure action. The Court of Special Appeals for Maryland rejected the appellants’ contention and held that foreclosure actions are not subject to a statute of limitations. Specifically, the court held that in Maryland, foreclosures are equitable proceedings, distinct from actions at law and are not, nor have they ever been, subject to a statute of limitations.
A copy of the court’s December 16 opinion can be found here.