Maryland Lawmakers Push to Shield Homeowners From Decades-Old Second Mortgages

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 March 20, 2026

Hundreds of thousands of American homeowners are receiving unexpected bills on second mortgages they assumed were long dead.

A 2025 Bloomberg investigation found that over 600,000 second mortgages taken out before the 2008 financial crisis remain outstanding in the United States, and debt collection companies are now pursuing homeowners for payment — prompting legislative action in Maryland and resistance from the banking industry.

According to The U.S. Sun, these so-called "zombie" loans are second mortgages that went dormant after the housing collapse and were largely forgotten by borrowers. For years, no one came calling. Now, collection firms are reviving these obligations, and Americans are reportedly losing their homes and facing large, unexpected bills as a result.

How a Pre-2008 Problem Resurfaced in 2025

Before the 2008 financial crisis, many homeowners took out second mortgages against their properties. When the housing market imploded, these junior liens often became worthless on paper, and servicers stopped collecting. Borrowers moved on with their lives, reasonably believing the debts were settled or abandoned.

But the loans were never formally discharged. According to Bloomberg's reporting, debt collection companies have since acquired these dormant obligations and are now demanding repayment — in some cases with back interest. Evidence submitted in lawsuits has revealed that some of these companies may have unlawfully demanded accumulated interest, though the specific firms and cases have not been publicly identified.

Only four states — California, Virginia, Ohio, and Connecticut — have passed legislation specifically addressing zombie loans. Nearly every other state offers some form of statute-of-limitations protection, except for Maryland and Alabama, which lack such safeguards for these particular debts.

Maryland's Legislative Battle Over Consumer Protection

In winter 2024, the Maryland legislature began considering a bill to protect homeowners from collection attempts on zombie mortgages. The effort drew immediate opposition from the banking sector. During one meeting, Robert Enten, a lobbyist for the Maryland Bankers Association, reportedly barged in and began shouting about his opposition to the legislation, cutting others off and pounding his fists.

Enten warned lawmakers against changes that could affect banks' ability to sell loans on the secondary market. "This is a minuscule issue, but a law that we are very much afraid will have a serious impact on the secondary market," Enten said during a February hearing on the bill. A revised and simplified version of the bill — one that would prevent residential foreclosures 10 years after default — eventually passed the Maryland House of Delegates by a unanimous vote of 139-0. Despite that momentum, the measure stalled in the Senate and ultimately died.

Delegate Dana Jones Reintroduces the Measure

Maryland Delegate Dana Jones, who co-sponsored the original legislation, reintroduced the measure this year. In a January interview with Bloomberg, Jones said she remained undeterred by the earlier defeat. She expressed hope about the bill's passage in 2026.

"The idea that this would be allowed, that homeowners who thought they were safe are being targeted at a time when people are trying to afford groceries, is unbelievable," Jones said. Last week, the House approved the proposed legislation once again, though the bill has yet to pass out of committee in the Senate.

The tension here is real and worth examining closely. On one side, you have homeowners who acted in good faith and had no reason to expect a bill collector's knock decades later. On the other hand, the financial industry argues that legal obligations don't simply vanish and that restricting loan enforcement could disrupt secondary mortgage markets.

Where Free Markets and Fair Play Collide

From a free-market perspective, contracts matter. Debts freely entered into carry weight, and the rule of law depends on enforceability. But markets also rely on transparency and good faith — and there is something deeply troubling about reviving obligations that borrowers had every practical reason to consider extinct. When collection companies purchase old paper for pennies and then demand full repayment plus interest, the question is whether this reflects legitimate commerce or a distortion of it.

It is worth noting that the banking lobby's own framing reveals the stakes. Enten called zombie mortgages a "minuscule issue" while simultaneously arguing the proposed fix could have a "serious impact" on the secondary market. Both things cannot be equally true. If the issue is small, the market impact should be limited. If the market impact is large, the issue is not small. Homeowners and legislators deserve a more honest accounting.

For now, only a handful of states have acted, and Maryland's effort remains uncertain in the Senate. Homeowners across most of the country remain exposed to the possibility that a forgotten lien could resurface without warning. Anyone who took out a second mortgage before 2008 would be wise to check their property records, consult a real estate attorney, and understand what protections — if any — exist in their state. In a financial system built on trust, few things erode confidence faster than debts that rise from the grave.

About Ginny Waterman

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