Category Archives: Maryland Court of Special Appeals
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Court of Special Appeals of Maryland affirms quiet title dismissal and vacates public road decision
The Court of Special Appeals of Maryland vacated a trial court determination that a public road was not established where St. Mary’s County contended that it closed the roadway and no longer maintained the parcel. In Wilkinson v. Board of County Commissioners, the Court noted the trial court had “blurred” methods establishing public roads ... Read More
TAGGED: #realestatelaw #DCrealestate
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Court of Special Appeals of Maryland affirms expansion of general easement to allow for emergency vehicle use
Following seven years of litigation, and two appeals, the Court of Special Appeals of Maryland affirmed a circuit court’s widening of a general easement to effectuate the intent of long-dead parties. In Garrett v. Holloway, the Court added some measure of clarity to a 1903 conveyance which referenced a bisecting private road but did not expressly create an easement nor ... Read More
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Client Alert: Easement Decisions in the Court of Special Appeals of Maryland
The Court of Special Appeals of Maryland has issued two new easement decisions of importance to real estate practitioners. Both decisions provide rare detailed analysis from the Court of Special Appeals into easements and are worth review. In Hejazi v. Sears, Hejazi’s predecessor-in-title conveyed an easement “over, upon and across” the subject property to Sears granting “exclusive rights to the use ... Read More
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October Real Estate Update | Lawrence R. Carver, Jr. v. RBS Citizens, N.A.
On September 27, 2019, the Court of Special Appeals of Maryland issued an opinion reversing a judgment against Security Title Guarantee Corp. of Baltimore. The decision is significant not merely for what the Court held, but for what claims were not raised by the property owners. In Lawrence R. Carver, Jr. v. RBS Citizens, N.A., Nancy and Lawrence Carver purchased multiple ... Read More
TAGGED: title insurers, Court of Special Appeals of Maryland, Security Title Guarantee Corp. of Baltimore, Real Estate News, Real Estate News Maryland, Maryland Real Estate News, Cecil County Maryland, Real Estate Litigation and Transactions, Lawrence R. Carver Jr. v. RBS Citizens N.A., Real Estate Transactions, Maryland Real Estate, title insureds
Maryland Court of Special Appeals: When A Foreclosure Sale Is Challenged
Noting that “in mortgage foreclosure law, as elsewhere, society’s interest in finality and repose is a weighty one,” in Devan v. Bomar the Maryland Court of Special Appeals ruled against a homeowner and found that her post-sale foreclosure challenge was too late. Mr. and Mrs. Bomar owned ... Read More
Mortgage Company’s Indemnification Claim Against Loan Officer Not Discharged In Bankruptcy
When Fidelity First Home Mortgage Company was found liable by a jury under the doctrine of respondeat superior when one of its loan officers engaged in a fraudulent foreclosure rescue scheme, it sued the loan officer seeking indemnification and contribution. The loan officer claimed that Fidelity’s claims were discharged ... Read More
MD Court of Special Appeals: Greentree Series V, Inc. v. Hofmeister
In a matter of first impression, the Maryland Court of Special Appeals held in Greentree Series V, Inc. v. Hofmeister that the word “or” in Md. Rule 14-305(g) was to be read literally to give a trial court an either/or option, thus precluding the trial court from granting both options in relief. The Rule in question states that when a ... Read More