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SCHALLER v. CASTLE DEVELOPMENT CORP.

No. 102, Sept. Term, 1996.

698 A.2d 1106 (1997)

347 Md. 90

Joseph N. SCHALLER, Trustee et al. v. CASTLE DEVELOPMENT CORPORATION et al.

Court of Appeals of Maryland.

August 27, 1997.

Attorney(s) appearing for the Case

Stephen J. Hughes (J. Preston Turner, Treanor, Pope & Hughes, on brief), Towson, for Petitioners.

Walter C. Martz, II (Martz & Martz, P.A.; William R. Nicklas, Jr., Doherty, Nicklas & Prete, P.A., on brief), Frederick, for Respondents.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, RAKER and WILNER, JJ.

RODOWSKY, Judge.

Former Maryland Rule of Procedure, Rule W72.d, relating to the foreclosure of mortgages, provided:

"A foreclosure action shall not be docketed, unless, at the time of docketing, there has been filed under oath by the mortgagee, his agent or attorney, a statement of the mortgage debt remaining due and payable, or a certificate that, as of the time of docketing, a statement has been served upon the owner of the equity of redemption. If the...

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