Mortgage Foreclosure Cases

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CIVIL RULE - NO. 34

Mortgage Foreclosure Cases

1. Submission of Proposed Orders.
   
   Unless all affected parties agree to the order, see Civil Rule No. 8, ¶ 5, no proposed order shall be submitted for execution by the Court before any required hearing. A proposed order may be submitted with a motion if (1) notice and hearing are not required, or (2) all counsel have signed the order, or (3) the motion and order recite that counsel for all affected parties consent to the motion and order.
   
   
2. Duty to Give Notice; Deceased Defendants.
   
   
   1. If the plaintiff in a mortgage foreclosure action learns that the defendant is deceased, before or after filing the Petition or through subsequent pleading or motion, the plaintiff has a responsibility to conduct a good faith and due diligent search for the titled owner’s heirs at law and inform the Court of the results of its search. Notice shall be given to all heirs at law located by the Petitioner.
      
      
   2. A guardian ad litem shall also be appointed to represent the unknown heirs at law. The guardian ad litem shall conduct an additional search to locate heirs at law of the titled owner.
      
      
   3. The costs associated with the appointment of a guardian ad litem and the guardian ad litem’s initial search for heirs at law shall be borne by the Petitioner.
      
      
   4. If the guardian ad litem locates heirs at law, the guardian ad litem shall file a report of the results of the search and the Petitioner shall serve notice of the Petition and any pending hearings upon all identified heirs at law.
      
      
3. Non-Appearance Hearing.
   
   
4. Judgment of Foreclosure-Attorney Fees and Expenses of Foreclosure.
   
   
5. Confirmation of Sheriff’s Sale.
   
   
6. Redemption.
   
   
7. Bankruptcy.
   
   
8. Jurisdiction.
   
   
9. Writ of Assistance.