The Maryland Court of Special Appeals in Fisher v. Ward affirmed a Circuit Court’s dismissal of a foreclosure proceeding exception in which the Trustee under the subject Deed of Trust was not physically present at the sale. The Court noted that while the Trustee needed to be present at the foreclosure auction, such presence need not be necessarily physical but could be constructive. Since the Trustee was available via cell phone during the time of the foreclosure auction, the Court reasoned that there was no prejudice to the Defendant and the exception to the sale based on the lack of physical presence was rejected.
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